July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17795 HOUSE OF REPRESENTATIVES-Friday, July 23, 1982 The House met at 10 a.m. and was Argentina refuses to reject the idea NUCLEAR ARMS REDUCTION called to order by the Speaker pro of acquiring nuclear weapons. Its gov­ LEGISLATION tempore (Mr. WRIGHT). ernment is repressive, and its territori­

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 17796 CONGRESSIONAL RECORD-HOUSE July 23, 1982 UNITED STATES REJECTS THE body-even though they skirt the CAPTIVE NATIONS WEEK CONCEPT OF CHEMICAL WAR­ clear intent of the Constitution by minute and to revise and extend his and the Constitution has been a sig­ Mr. DERWINSKI. Mr. Speaker, I remarks.) nificant contributor to the precarious wish to thank the Members for the co­ Mr. PORTER. Mr. Speaker. yester­ economic and political conditions that operation they gave the gentleman day the House acted with great threaten our Nation today. from New York ting the people of the Third World Mr. HUGHES. Mr. Speaker, today I know the difference between the SERVICE TO FILE REPORT ON H.R. 6785 am introducing, along with my col­ United States and the Soviet Union on league from Illinois There was no objection. the responsible way to achieve a bal­ Mr. PAUL. Mr. Speaker, article 1, anced budget, and it would do so far section 7 of the U.S. Constitution says: sooner than would be possible under "All bills for raising revenue shall FRENCH COMPANIES VIOLATE the proposed constitutional amend­ originate in the House of Representa­ U.S. CONTRACTS ment. At the same time, it would avoid tives"-a clearer statement regarding the serious dangers inherent in ce­ the origination of tax legislation conferring jurisdiction on certain Cherokee, Choctaw, Creek, Seminole, I urge the House to adopt this bill. courts of the United States to hear and render judgment in connection with certain and Chickasaw Indian Nations agreed Mr. BUTLER. Mr. Speaker, will the to set aside a portion of their lands for gentleman yield? claims of the Cherokee Nation of Oklaho­ ma, and the first reading of the bill shall be right-of-way and stations to railroads Mr. SAM B. HALL, JR. I yield to the dispensed with. After general debate, which designated by the Congress. Upon gentleman from Virginia. shall be confined to the bill and shall con­ abandonment by the railroads, these Mr. BUTLER. Mr. Speaker, I, too, tinue not to exceed one hour, to be equally lands were to revert to the respective want to be identified with this legisla­ divided and controlled by the chairman and Indian nations. tion, and to say that we on our side ranking minority member of the Committee concur in the wisdom of it and have no on the Judiciary, the bill shall be read for The Congress, however, through objection to it. amendment under five-minute rule. At the subsequent legislation in 1906, extin­ Mr. SAM B. HALL, JR. Mr. Speaker, conclusion of the consideration of the bill guished the reversionary rights of the I withdraw my reservation of objec­ for amendment, the Committee shall rise tribes and the courts have disallowed and report the bill to the House with such claims filed at various times since. tion. amendments as may have been adopted, and The SPEAKER pro tempore. Is the previous question shall be considered as H.R. 2329 waives the statute of limi­ there objection to the request of the ordered on the bill and amendments thereto tations for these two disputes and gentleman from Wisconsin? to final passage without intervening motion vests authority in the Court of Claims There was no objection. except one motion to recommit. or the U.S. District Court for the East­ The clerk read the Senate bill, as The SPEAKER pro tempore. The em District of Oklahoma for a deter­ follows: gentleman from South Carolina of title 28, United States man from Tennessee at $24,633. You should be aware a:teau~::::::::~-~:::::: ~·-~ ::::::::::: : ::::::::::::: : ::: 9.18 7,998 have come to some basic understand­ 9.18 7,998 that the vast majority of station grounds :::.::::::=::::::::: ~ ·.. ~:!.~..::: : ::::::::::::::::::: 4.59 49,985 ings as to the facts, and we have plats located within Tulsa belonged to the llloPac: before us information that indicates Creek Nation, who settled their case last 1177 11,996 that the total amount of money that is year. For the Creeks, there were twelve sep­ 13.77 20,994 :!=:::~=-.. :::~~ L~ . ~ ::::: : ~~::::::::::=::::::: 13.77 482 involved is about $1,288,000 and that arate plats within Tulsa, totaling 42.47 Talala ...... _,__ .... 35L 80 .... - ...... 13.77 11,996 the land is not actually being claimed acres, for which they received a 1909 valued 13.77 11,996 compensation of $319,911. Additional infor­ =e-:::::::::::::::::::::: ~r'7l.~ :::: : : : :::::::::::::::::::::: 10.33 44,997 itself. T.awah ...... 35M ...... - ...... 13.77 11,996 For that reason, I now support this mation on the Creek Nation plats in Tulsa, Fl Gibson ...... 35H, 57 ...... 13.77 20,994 and compensation for them. is available as ~~ru ..... ,_, __ ...... _. 350, 56 ...... 13.77 11,996 legislation and ask for an "aye" vote. part of the public record in the Creek 13.77 20,994 Mr. Chairman, I yield such time as =--.:::..--::::::::::::::::: ~~ ::~.. ~ :::::::::::::::::::::: 13.77 59,982 Nation v. U.S. case. Hanson ______.. , 351, 83 ___ ,...... 13.77 11,996 he may consume to the gentleman I would like to reemphasize several points .....,. --·---·-.. - 84, 85- ··--··...... 13.77 11,996 from Ohio The Tribes have no intention or desire Inola ___.. _____...... 35M ...... 13.77 20,994 Mr. KINDNESS. Mr. Chairman, I to seek recovery of the properties them­ Sl.&SF: selves; they are seeking only compensation Fairtand ... - ...... 68 ..... - ...... 13.77 21,000 thank the gentleman from California 32.52 141,657 for yielding to me. for the value of the properties based on the :: ::::::::::-~::::::: : =~-= ~~ : ~: .. ~~. ::::::: : :::::::::::::::::: 23.69 103,194 will 1909 dollar value of the lands. Oll!lsea ...... 74 ...... 9.18 7,998 Mr. Chairman, I not burden our <2> The station grounds properties may or 2.29 1,995 colleagues with a great deal of detail. I 2.29 1,995 may not be located strictly within the limits 5t:::::::::::::::::: fi ::::::::::::::::::::::::::::::::::::: 9.18 8,000 think the content and the meaning of the towns enumerated. The Tribe has in­ 4.59 19,994 and the intent of the legislation have dicated, in fact, that in the vast majority of !::'.. ::::: ::.~: : :: : :: : ::::::: ~ ·.. ~~ :::::::: : :::::::::::::::::::::::: 2.29 1,995 ~~~identified ...... --. 31 ... - ...... - ...... 4.59 3,999 been well represented by the gentle­ cases, they will not be. Fl Gibson ...... _, 31 , 51...... 4.59 6,998 man from Oklahoma As the additional notation at the Tahlequah ...... 31, 34 ...... 9.18 59,982 bottom of page two indicates, the Tribes' at­ 9.18 7,998 author of the bill, and by the gentle­ =:::::::::::::::::::::::::::: ~~ : ~ :::::::::::::::::::::::::::::::: 9.18 7,998 man from California (Mr. MooRHEAD). torneys have advised them that station Westvle ...... _ ...... 31 , 32 ...... 9.18 7,998 I want to touch on just two points to grounds plats within the Deeded GIM ...... 49 ...... 4.59 4,000 provide assurance to our colleagues lands are not eligible for compensation. SublotJI ...... 614.12 1,204,594 that there has been diligent and ap­ Therefore, they have been excluded from Update ldlitiolls ...... +98.70 +83,482 the list. Total ...... propriate attention given to this bill Tom. I sincerely hope this satisfies your 712.82 1,288,076 since it was previously brought to the concern ove~ knowing exactly where these 'Was 13.17. floor of the House under suspension of plats are located within Oklahoma. And, • No value. Not applicable. Tulsa station grounds was the only plat actually the rules. again. I can only strongly emphasize that ~ by a railroad company. Therefore, the !rile seeks no ~ At that time, my opposition was the Tribes have no desire whatsoever to try based primarily on concern about the and recover the lands themselves. They seek Note.-This list OOes not separate the klcations by number of sites but second claim included in the bill with only the compensation they should have ~~= ~~ :reso.iuet~r= :S t~~lack~ been awarded in the first place. amdly detailed:=e plats. Further note: Attorneys for the Trile 11M acMsed the respect to which we had insufficient Please call me if you have any questions, information to know what the scope of ~~ ~ ~Jnor= l::::r: be eligible for ~lion . or have your staff get in touch with Sandra the action was that we were undertak­ Zeune in my office. ing. With kindest regards. Mr. KINDNESS. Mr. Chairman, con­ As the gentleman from California Sincerely, cerning the other aspect of concern, has said, that has been resolved, and I Mna:SYNAR. when the bill was before the House would urge the members of the Com­ Member of Congress. under suspension of the rules recently, mittee that there is a very complete was that there was some objection and reasonable listing available of from the Department of Justice con­ those lands and I personally am satis­ PREUMINARY VALUE INDEX AS OF MARCH 31, 1982- cerning the first claim. fied that the scope of the claim is rea­ CHEROKEE NATION RAILROAD DEPOT STATION GROUNDS sonable in that respect. VALUE AS OF JUNE 30, 1909 0 1040 Mr. Chairman, I would like to insert That is a claim that has to do, very a listing of the lands attached to a Railload and station simply, with compensation for taking letter dated July 19, 1982, from the AT &SF: gravel, construction material for the gentleman from Oklahoma, addressed 10.04 $8,747 construction of public works in the 13.77 149,955 to this gentleman, so that the listing 28.55 43,527 river, taking that gravel and not com­ of those lands will be a part of the 13.77 12,000 pensating the owners of that gravel Verae~ ...... ~~~ ~ ~~~~~~~~~~~~~~~~~ t!i~!~88, 106 ...... ~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ . 13.77 11,996 record. Colfinsville ...... 77. 78 ...... 13.77 59,982 for it, the Cherokee Nation and The list of the lands follows: OWasso ...... 9-4, 105 ...... 16.54 25,217 others, which had a right to be com- July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17801 pensated for that gravel, that con­ islation that may come before this was to occur again, where the Interior struction material. Compensation is a House and the Congress. Department had failed the fiduciary universal rule of such takings. As chairman of the Minority Task responsibility, would there ever be a However, the Justice Department Force on Indian Affairs in the Interior similar case of land reversions of this had taken the position throughout and Insular Affairs Committee of this nature. several administrations that anything House, I have to say that our concerns Mr. BEREUTER. I would ask the in the river used for the purpose of are the precedents that we may be es­ gentleman, and yield time to him for construction was not subject to com­ tablishing. Basically, it goes back to the purpose of debate, to respond to pensation. The matter ought to be liti­ the concern about whether or not this question: If he would trace for me gated at the very least to determine what we are doing here today will very briefly the reasons why the this. leave the door open for such claims to amount of time has ensued, why the In a very comparable case, another be filed in the future regardless of the tribes were not able to bring this Indian tribe has been compensated for time limitations that have been estab­ matter to conclusion before the time the taking of construction material in lished for such claims. limits had expired. the same circumstance. I think it is a I would like to ask the gentleman Mr. SYNAR. I think that is a very very mistaken position that the De­ from Oklahoma if he would be willing good question, and I could respond in partment of Justice has taken over a to inform this Member and for the two ways. First of all, as the gentle­ periods of years, and furthermore the RECORD how we may differentiate the man is familiar, having worked on the obligation of the United States and circumstances in this instance, where I Indian Affairs Committee, the sophis­ this Congress to serve, in effect, as think the claims indeed do seem to be tication of legal counsel of the tribes trustee for these Indian tribes and na­ legitimate, from future actions by has only been a recent phenomenon. tions that are involved in such dispute other tribes that may come before the Prior to probably the last 10 years, the has not been diligently carried out. committees of this House and before tribes were totally dependent upon the The responsibility is ours to give that the Congress. Interior Department to prosecute and opportunity to litigate any remaining Mr. SYNAR. Mr. Chairman, will the protect their interests, both property legal questions to these tribes and the gentleman yield? and personal, in their trustee and fidu­ Cherokee Nation that are involved in Mr. BEREUTER. I will be pleased to ciary responsibility. The issue is the claims. yield. whether or not the Interior Depart­ I would urge support of the bill at Mr.SYNAR.Mr.Chairman,Ithmk ment in their trust responsibility le­ this point, Mr. Chairman. that is a very good question, because gitimately represented the interests of Mr. MOORHEAD. Mr. Chairman, I this has been a major concern, wheth­ the tribe at the time in 1909 when this yield 3 minutes to the gentleman from er or not we are setting a legal prece­ all occurred. I think the answer, if one Pennsylvania conferring claims against the United States it party to any action thus brought under this jurisdiction on certain courts of the may have arising out of its ownership Act shall have a right to review, as provided United States to hear and render judg­ of portions of the Arkansas River and under existing law. ment in connection with certain claims claims it may have with respect to the Mr. SYNAR Notwithstanding sections 2401 and £Roll No. 2091 hereby conferred upon the United States 2501 of title 28, United States Code, and sec­ YEAS-293 Court of Claims, or upon the United States tion 12 of the Act approved August 13, 1946 Akaka Carney Duncan District Court for the Eastern District of <25 U.S.C. 70k), the Court of Claims or the Alexander Chappell Dwyer Oklahoma, to hear, determine, and render United States District Court for the Eastern Anderson Cheney Dyson judgment, under the jurisdictional provi­ District of Oklahoma shall have Jurisdiction Andrews Clausen Eckart sions of section 2 of the Indian Claims Com­ to the same extent as under subsection Annunzto Clinger Edwards of this Act to hear, determine, and render Anthony Coats Edwards mission Act of August 13, 1946, as amended Applegate Collins (ll.) Edwards <60 Stat. 1049, 1050; 25 U.S.C. 70a>, on any judgment on any claim of the Choctaw Aspin Collins English claim which the Cherokee Nation of Okla­ Nation and on any claim of the Chickasaw AuCoin Conable Erdahl homa may have against the United States Nation against the United States for any Balley Conte Evans for any and all damages to Cherokee tribal damages to any tribal assets, lands, or inter­ Beard Corcoran Evans (lA) assets related to and arising from construc­ ests of such Nations arising from the actions Bedell Cougblin Fary of the United States described in such sub­ Benedict Courter Fascell tion of the Arkansas River Navigation BenJamin Coyne, William Ferraro System, including, but not limited to, the section. Bennett D'Amours Fiedler value of sand, gravel, coal, and other re­ Mr. SYNAR the RECORD. Boggs Davis Forsythe thority or consent of said Cherokee Nation; Boland delaGarza Fountain and also on any claim which the Cherokee The CHAIRMAN. Is there objection Boner Deckard Fowler Nation of Oklahoma may have against the to the request of the gentleman from Bonker Dellums Frank United States resulting from any action Oklahoma? Bouquard Derrick Frenzel under section 14 of the Act of April 26, 1906 There was no objection. Brinkley Derwinski Frost (34 Stat. 137, 142), wherein the United The committee amendment was Brooks Dickinson Garcia States gave away to third parties lands for Brown Dicks Gaydos agreed to. Brown Dixon Gejdenson what are known as station grounds of rail­ The CHAIRMAN. Are there any Broyhlll Donnelly Gephardt roads, said lands being segregated from Butler Dorgan Gibbons Cherokee Nation tribal lands without com­ other amendments? Byron Dougherty Gilman pensation to said Cherokee Nation of Okla­ If not, under the rule, the Commit­ Campbell Downey Gingrich homa therefor; all of said lands or interests tee rises. Carman Dreier Glickman 17804 CONGRESSIONAL RECORD-HOUSE July 23, 1982 Gonzalez Lungren Rostenkowski Hefner Moffett Simon man and ranking minority member of the Goodling Markey Roukema Hertel Mollohan Skelton Committee on Science and Technology, and Gore Marlenee Roybal Hollenbeck Montgomery Smith Gradison Marriott Russo Hopkins Mottl Smith Sabo Hubbard Napier Solomon chairman and ranking minority member of Gregg Martin Sawyer Hyde Nelson Stanton the Committee on Ways and Means, the bill Guarini Martinez Scheuer Ireland Nichols Stump shall be read for amendment under the five­ Gunderson Matsui Schneider Jones O'Brien Thomas minute rule. It shall be in order to consider Hagedorn Mattox Schroeder Kramer Oakar Trible the amendment in the nature of a substi­ Hall Mazzoll Schulze Leath Pursell Watkins tute recommended by the Committee on Hall, Ralph McCurdy Schumer Levitas Rahall White Hall, Sam McDade Seiberling Long Railsback Whitehurst Publlc Works and Transportation now Hamilton McEwen Sensenbrenner Madigan Rhodes Williams printed in the bill as an original bill for the Hammerschmidt McHugh Shamansky Marks Richmond Wilson purpose of amendment under the five­ Hance Mica Shannon Martln Rousselot Wyden minute rule, all points of order against said Harkin Michel Sharp Mavroules Rudd Young substitute for failure to comply with the Hawkins Mikulski Shaw McClory Santini Young provisions of clause 5, rule XXI are hereby Heckler Miller Skeen McCloskey Savage Young waived, and each section of said substitute Heftel Miller Smith McKinney Shumway Zeferetti It Hendon Mlneta Smith Mitchell Shuster shall be considered as having been read. Hightower Minish Smith Moakley Siljander shall be in order to consider the text of the Hiler Mitchell Snowe amendments recommended by the Commit­ Hillis Molinari Snyder 0 1110 tee on Science and Technology now printed Holland Moore Solarz in the bill, and the text of the bill H.R. 6193 Holt Moorhead Spence Messrs. HARTNETI', PHILIP M. reported by that committee, if offered as Horton Mo~n StGermain CRANE, ROTH, WORTLEY, BE­ amendments to said substitute. Mter the Howard Murphy Stangeland THUNE, JAMES K. COYNE, McCOL­ Hoyer Murtha Stark disposition of all other perfecting amend­ Huckaby Myers Stenholm LUM, and ROBERTS of South ments to said substitute, it shall be in order Hughes Natcher Stokes Dakota changed their votes from to consider an amendment adding a new Hunter Neal Stratton "yea" to "nay." title to said substitute consisting of the text Hutto Nelligan Studds Mr. TAUZIN changed his vote from of the amendment in the nature of a substi­ Jacobs Nowak Synar tute recommended by the Committee on Jeffords Oberstar Tauke "nay" to "yea." Ways and Means now printed in the bill Jeffries Obey Tauzin So the bill was passed. Jenkins Ottinger Taylor H.R. 4800, and all points of order against Jones Oxley Traxler The result of the vote was an­ said amendment for failure to comply with Jones Panetta Udall nounced as above recorded. the provisions of clause 7, rule XVI and Kastenmeier Parris VanderJagt A motion to reconsider was laid on clause 5, rule XXI are hereby waived. Said Kazen Pashayan Vento the table. amendment shall not be subject to amend­ Kemp Patterson Volkmer ment, or to a demand for a division of the Kennelly Pease Walgren question in the House or in the Committee Klldee Pepper Walker Kindness Perkins Wampler GENERAL LEAVE of the Whole, except pro forma amend­ Kogovsek Petri Washington ments for the purpose of debate and ger­ LaFalce Peyser Waxman Mr. SYNAR. Mr. Speaker, I ask mane amendments recommended by the Lagomarsino Pickle Weaver unanimous consent that all Members Committee on Ways and Means. Upon the Lantos Porter Weber may have 5legislative days i1:l which to adoption of said amendment, no further Latta Price Weber revise and extend their remarks, and amendment to the bill shall be in order. At Leach Pritchard Weiss to include extraneous matter, on the the conclusion of the consideration of the LeBoutillier Quillen Whitley shall Lehman Rangel Whittaker bill just passed. bill for amendment, the Committee Leland Ratchford Whitten The SPEAKER pro tempore. Is rise and report the bill to the House with Lent Regula Williams such amendments as may have been adopt­ Lewis Reuss Winn there objection to the request of the ed, and any Member may demand a separate Livingston Rinaldo Wirth gentleman from Oklahoma? vote in the House on any amendment adopt­ Loeffler Roberts Wolf There was no objection. ed in the Committee of the Whole to the Long Robinson Wolpe bill or to the committee amendment in the Lott Rodino Wright nature of a substitute. The previous ques­ Lowery Roe Wylie Lowry Roemer Yates PROVIDING FOR CONSIDER- tion shall be considered as ordered on the LuJan Rogers Yatron ATION OF H.R. 2643, AIRPORT bill and amendments thereto to final pas­ Luken Rose Zablocki AND AIRWAY IMPROVEMENT sage without intervening motion except one Lundine Rosenthal ACT motion to recommit with or without instruc­ tions. NAYS-26 Mr. FROST. Mr. Speaker, by direc­ Archer Hansen Ritter tion of the Committee on Rules, I call 0 1120 Ashbrook Hartnett Roberts The Clerk read the resolution, as fol­ recognized for 1 hour. Crane, Philip McDonald Staton lows: Mr. FROST. Mr. Speaker, for pur­ Gramm McGrath Swift Grisham Patman Wortley H. RES. 489 poses of debate only I yield the cus­ Hansen Paul Resolved, That upon the adoption of this tomary 30 minutes to the gentleman resolution it shall be in order, section 402 from Mississippi to the contrary not­ Burton, Phillip Emery may consume. Albosta withstanding, to move that the House re­ Mr. Atkinson Chapple Erlenborn solve itself into the Committee of the Speaker, House Resolution 489 Badham Chisholm Ertel Whole House on the State of the Union for technically provides for the consider­ Bafalls Clay Evans ation in the Committee of the Whole Bailey Coelho Evans the consideration of the bill tention. Bowen one hour to be equally divided and con­ Breaux Dowdy Fuqua This is a modified open rule which Brodhead Dunn Ginn trolled by the chairman and ranking minori­ Broomfield Dymally Goldwater ty member of the Committee on Pubilc provides for 4 hours of general debate Brown Early Gray Works and Transportation, one hour to be to be divided among the three commit­ Burgener Edgar Hatcher equally divided and controlled by the chair- tees of jurisdiction as follows: 1 hour July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17805 equally divided between the chairman Mr. Speaker, H.R. 2643 is a large and than this one, I do feel that the han­ and ranking minority member of the complex piece of legislation reflected dling of this matter by the Committee Committee on Public Works and in the number of committees claiming on Rules has been appropriate. Transportation; 1 hour equally divided jurisdiction and in the amount of time I want to stress from the outset that between the chairman and ranking mi­ which the Rules Committee seeks to the current administration has ex­ nority member of the Committee on provide for general debate. I, there­ pressed support for this rule. Science and Technology; and 2 hours fore, will provide a cursory explana­ As the gentleman from Texas has al­ equally divided by the chairman and tion of its provisions here a.nd leave ready explained, what we will have ranking minority member of the Com­ the details to the more knowledgeable before us if this rule is adopted is leg­ mittee on Ways and Means. committees of record. islation reported from three commit­ The resolution waives section 402(a) H.R. 2643 provides reauthorization tees of this House. The rule which the of the Budget Act which prohibits the for numerous airport and airways de­ Rules Committee has granted provides consideration of any bill which au­ velopment programs which had ex­ that the Public Works Committee's thorizes new budget authority for a pired in 1980 and had been continued substitute will be considered as an fiscal year unless that bill has been re­ under the omnibus reconciliation bill original bill for purposes of amend­ ported by May 15 preceding the begin­ and the Supplemental Appropriations ment and will therefore serve as the ning of the fiscal year for which it be­ Act of last year. principal vehicle for consideration of comes effective. The waiver is neces­ It provides $450 million per year­ this matter. sary because various provisions of H.R. fiscal year 1981 through fiscal year The Committee on Science and 2643, as introduced, authorize appro­ 1983-in direct spending authority Technology has reported an amend­ priations for fiscal year 1981 and the from the airport and airway trust fund ment to this bill and also a separate bill was not reported by May 15, 1980. for the airport development aid pro­ piece of legislation, H.R. 6193, both of The resolution would also make in gram of ation, and, if offered, the text of H.R. both taxes at a level of 12 cents per the budget act has to be waived, since 6193 . as an amendment to H.R. taxes will revert to the present level. ing the beginning of the fiscal year for 2643. The domestic air passenger ticket which it becomes effective. Clause 5 of House Resolution 489 provides for tax is maintained at its present 5-per­ rule 21 must also be waived since pro­ an open rule up to this point. After cent rate and the international depar­ visions of the Public Works version the disposition of all perfecting ture tax is reinstated and increased and Ways and Means proposal could amendments to the substitute, it will from $3 to $5. be construed to contain appropriations then be in order to consider the text The bill also transfers the revenues in a legislative bill. of H.R. 4800 as recommended by the raised from the aviation related excise Under this rule, there will be 4 hours Committee on Ways and Means as a taxes from the general fund to the air­ of general debate-2 hours for the new title to the substitute. Clause 7 of port and airways trust fund for the 18- Ways and Means Committee and 1 rule XVI

July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17809 much as general aviation now pays for Means Committee, after careful delib­ distinction that exists between purely gasoline. They are willing to pay their eration, would continue this tax at its domestic flights and flights to and share but see a tripling of the tax as current 5 percent level. The adminis­ from these two States, which involve unfair. tration requested that the gasoline travel over international territory or Mr. Speaker, I urge a vote against fuel tax for general-noncommercial­ water. the previous question. aviation be raised from its present The reasons that existed in 1956 for Mr. FROST. Mr. Speaker, I yield 3 level of 4 cents per gallon to 12 cents enacting this longstanding provision minutes to the gentleman from Hawaii per gallon this year, increasing to 20 are just as relevant and valid today as (Mr. HEFTEL). cents per gallon by the end of 1986. they were then. Puerto Rico and the Mr. HEFTEL. Mr. Speaker, I rise in The Ways and Means Committee Virgin Islands are not subject to the support of the rule that has been rec­ would increase this tax to 12 cents per overwater portion of the air passenger ommended for floor consideration of gallon. ticket tax, so that although Hawaii H.R. 2643, the Airport and Airway Im­ Nevertheless, a last-minute effort and Alaska are States, and not territo­ porvement Act of 1982. This bill repre­ was made in the Ways and Means ries, any different treatment of flights sents the culmination of the coopera­ Committee to reduce the tax levels to and from Hawaii and Alaska would tive efforts of the administration and contained in this legislation, and clearly be inequitable. A different po­ three House committees, Ways and thereby the revenues for the trust litical status does not erase the 2,500 Means, Science and Technology, and fund. This effort, I believe, was poorly miles of ocean or foreign land that Public Works and Transportation. conceived and is clearly contrary to separates Hawaii and Alaska from the This rule accordingly provides for the the best interests of the air travelers. mainland United States. orderly consideration of a complex, of this Nation. The committee soundly long-overdue bill that deserves the full defeated each of the proposals put Increased air fares would have a support of this body. forth during this effort. The levels re­ chilling effect on tourism, Hawaii's The redevelopment program that is ported by the Ways and Means Com­ main industry, at a time when Ha­ funded and authorized by this legisla­ mittee provide the necessary funding wail's economy is already reeling from tion is urgently needed to modernize for the long-sought and long overdue a drop in the world price of sugar, seri­ outdated and antiquated computer improvements to our Nation's airway ous challenges from lower priced im­ and other equipment in our Nation's and airport system. Moreover, the ports of agricultural products, and airports. Recent events in New Orle­ Ways and Means Committee was care­ from the current, deep recession. How­ ans and at our own National Airport, ful to provide that most of the provi­ ever, it would be a mistake to charac­ whatever their causes, only serve to sions of this bill will expire on Decem­ terize this provision as a subsidy or underscore the national urgency of ber 31, 1983, to insure that Congress special tax break for tourists, wealthy this important redevelopment pro­ will thoroughly review the trust fund or otherwise. Island residents doing gram. This country and this Congress, tax levels and projected trust fund business with the continental United I believe, overwhelmingly support authorizatons in advance of that dead­ States made up a substantial portion taking whatever steps are necessary to line. of the 3.1 million individuals who trav­ insure that our airports and airways Mr. Speaker, I also want to take this eled round trip between these two lo­ are as safe as possible for the many opportunity to speak in support of a cations in calendar year 1981, al­ millions of air travelers in this coun­ longstanding provision, section 4262 though exact figures are not available. try. of the Internal Revenue Code, which Although airlines servicing Hawaii are Mr. Speaker, I particularly want to the Ways and Means Committee voted currently experiencing a temporary speak at this time in support of the to retain during markup of H.R. 4800. fare war, transportation between the Rules Committee's wise decision to Under this provision. which was en­ mainland and Hawaii and Alaska is ex­ provide a closed rule for the revenue acted 26 years ago when the air pas­ ceptionally expensive, and any addi­ provisions of the airport and airway senger ticket tax was first enacted, the tional tax would only serve to further improvement legislation that we will air passenger ticket tax applies to all isolate these two States from the soon take up. These provisions, which portions of commercial flights that mainland United States. were reported by the Ways and Means occur over the United States up until Finally, flights over water to and Committee in H.R. 4800, revitalize the the plane leaves and after it reenters from Hawaii and Alaska do not utilize separate airport and airway trust the territorial limits of the United the ground safety and support systems fund, which was allowed to expire in States. Portions of such flights that that are funded by the revenues col­ 1980, and establish tax levels that will occur over water or foreign territory lected from the air passenger ticket insure that the trust fund is adequate­ are subject, under H.R. 4800, to a $5 tax. Although such flights do take off ly funded to meet the needs of the re­ per person international departure tax from and land at domestic airports, development program. in lieu of the overwater portion of the the ticket tax does apply to all por­ The tax levels contained in this leg­ air passenger ticket tax. tions of the flights that occur over islation represent the results of long Section 4262 was first enacted in land and up until the plane leaves and and comprehensive bipartisan negotia­ 1956 when Congress first established after it reenters the territorial limits tions between Congress and the ad­ the air passenger ticket tax and has of the United States. Furthermore, ministration. H.R. 4800, the bill re­ existed unchallenged ever since in rec­ Coast Guard or other rescue services ported by the Ways and Means Com­ ognition of the unique geographic lo­ that might be called upon to respond mittee, was originally sponsored by cation of Hawaii and Alaska, the prin­ to any emergency that occurred over Mr. ROSTENKOWSKI, the able chairman cipal States affected by this provision. water are not funded from the airport of the committee, and Mr. CoNABLE, The vast distances that separate these and airway trust fund. the distinguished ranking minority two States from the rest of the United Mr. Speaker, we cannot have an air­ member of the committee. States, render residents of Hawaii and port and airway redevelopment pro­ Moreover, the tax levels set in this Alaska totally dependent upon air gram unless there are adequate reve­ bill are by no means onerous. In fact, transportation to conduct personal nues provided for the trust fund to fi­ they are generally substantially lower business and commerce with the main­ nance that program. Anything short than the levels proposed by the Presi­ land. Section 4262(b) thus has the of providing the maximum in safety dent in his budget request last winter. effect of making the boundaries of and comfort for the millions of Ameri­ The administration, for example, re­ Alaska and Hawaii contiguous with cans who use our airport and airway quested that the air passenger ticket the mainland United States for pur­ system each year is clearly unaccept­ tax be increased from the present level poses of calculation of the air passen­ able. Therefore, Mr. Speaker, I urge of 5 to 8 percent. The Ways and ger ticket tax, while recognizing the my colleagues to support the closed 17810 CONGRESSIONAL RECORD-HOUSE July 23, 1982 rule that the Ways and Means Com­ 4 cent tax on A vgas and 9. tax on tires Mr. DASCHLE. Mr. Speaker, I rise mittee voted in favor of by a margin of and tubes flowing into the highway in opposition to ordering the previous 2 to 1. The Ways and Means Commit­ trust fund. question. tee's overwhelming support for a The users have been paying 0. & M. e Mr. ROBERTS of South Dakota. closed rule reflects, I believe, this Con­ expenses through appropriations acts Mr. Speaker, I rise in opposition to a gress and this country's full support ($800 million in 1982> plus an addition­ modified closed rule on H.R. 2643 I for taking whatever steps are neces­ al $1.4 billion annually because the 5- H.R. 4800, and I support the modified sary to insure that our airways and percent ticket tax revenues have, since rule proposed by Mr. MooRE. airports are as safe as possible for the October 1, 1980, been going into the As my colleagues have pointed out, traveling public. general fund In addition, another $15 there is dispute as to the need to con­ Mr. LOTT. Mr. Speaker, I yield 4 million per year has been going into tinue a holdover aviation tax, and dis­ minutes to the gentleman from Ken­ the highway trust fund. pute as to the size of the aviation fuel tucky (Mr. SNYDER). Or put another way, while aviation tax. Mr. SNYDER. Mr. Speaker, I rise to users are contributing substantially While I believe in the general con­ urge my colleagues to defeat the previ­ more to FAA operations and mainte­ cept of user fees and taxes, they must ous question and later to support an nance than ever before, they are being be equitable and unburdensome. I feel amendment in the nature of a substi­ forced to contribute another $1.4 bil­ that the aviation fuel tax as formulat­ tute which would make in order the lion to the funding of non-aviation ed by the Ways and Means Committee three amendments heretofore dis­ programs. And, to add insult to injury, is unfair to general aviation, and does cussed. First reduce general aviation there has not even been an airport de­ little to benefit South Dakota and fuel tax from 12 cents to 8 cents per velopment aid program since October other rural States. Under the formula gallon; second, terminate all user taxes 1, 1981. OMB has not been eager for a for distribution of the trust fund, the on December 31, 1983; and third, ADAP program. They like the idea of portion South Dakota and its aviators modify the tax levied on commerical drawing down the trust fund while the will receive, is grossly disproportionate air transportation between Hawaii and aviation user taxes have gone with the to the amount those aviators will pay Alaska and the coterminus United Treasury. I submit to my colleagues into the fund. States. that aviation users have been treated Open debate of the issues allows an On the issue of the general aviation very unfairly. honest evaluation of the merits of this fuel tax, I suggest to my colleagues Accordingly, to prevent this inequi­ tax plan, and I urge that my col­ that if we adopt House Resolution 489 table situation from arising in the leagues vote against the previous ques­ as reported and go on to adopt a 12- future, I would urge my colleagues to tion and support the Moore rule.e cent-per-gallon fuel tax, we will be ex­ make in order an amendment which Mr. LOTT. Mr. Speaker, I have no acerbating an already grave situation would terminate all aviation user taxes further requests for time. for the general aviation industry. effective December 31, 1983. If the au­ Mr. FROST. Mr. Speaker, we have According to AOPA in the first 2 thorization is itself renewed beyond no further requests for time, and I months of this year, sale of Avgas was fiscal year 1983, we would expect that move the previous question on the res­ 24 percent below average. This is the the congress would act to keep all user olution. lowest amount since 1960. It is espe­ taxes flowing into the aviation trust The SPEAKER pro tempore. The cially alarming when one realizes that fund, something we would wholeheart­ question is on ordering the previous there are four times as many aircraft edly support. question. flying today. Moreover, if an oil import tax of 8 The final amendment which would Mr. MOORE. Mr. Speaker, on that I cents per gallon is added, then general be made in order if the gentleman's demand the yeas and nays. aviation users will be burdened with a amendment to House Resolution 489 is The yeas and nays were ordered. tax that is three times higher than it adopted would eliminate the preferen­ The vote was taken by electronic has ever been and five times higher tial tax treatment which Hawaii and device, and there were-yeas 135, nays than it is today. Alaska have received on commercial 178, not voting 121, as follows: As evidence of the depressed state of air transportation. [Roll No. 2101 the general aviation industry, the As reported, the ways and means YEAS-135 General Aviation Manufacturers Asso­ title treats the over-water or interna­ Akaka Fary Lehman ciation estimates that its rate of unem­ tional portion of transportation be­ Annunzio F'ascell Leland tween Alaska or Hawaii and the cater­ Anthony Fenwick Long ployment is 38 to 40 percent. Deliv­ Applegate Ferraro Lott eries of aircraft were down by 41 per­ minus United States in the same Aspin Foglletta Lowery cent between 1978 and 1981 and down manner as it treats transportation AuCoin Foley Lowry an additional 52.9 percent between that begins or ends in a foreign coun­ Bailey (PA> Ford Luken try. The amendment would eliminate Benjamin Fowler Lundine May 1981, and May 1982. Needless to Bennett Frank Lungren say, this is not an industry which can this situation and treat flights involv­ Bingham Frost Markey afford a 12-cents-per-gallon fuel tax ing Hawaii and Alaska just the same Blanchard Garcia Martinez as if they involved flights between Boner Gaydos Matsui when the price of fuel has already Brown Gejdenson Mattox priced many potential pilots out of the points in the lower 48 States. Accord­ Byron Gephardt McDade market; that is, national average; ing to the Joint Committee on Tax­ Chappell Gibbons McHugh Avgas-$1.95; Jet A-$1.71. ation, it would also raise $32 million in Cheney Gore Mica additional revenue to the trust fund Conable Gramm Michel The second amendment which would Conte Guarini Mi1ru1sJd be made in order if the gentleman beyond that generated by the Ways Coughlln Hall Miller from Louisiana's amendment to House and Means reported version. Coyne, Wllllam Hance Mineta For the foregoing reasons, I urge my dela Garza Heftel Minish Resolution 489 is adopted would termi­ Dellums Howard Mitchell nate all aviation trust fund taxes on colleagues to defeat the previous ques­ Derrick Hughes Murphy December 31, 1983, the date ADAP tion and to support an amendment to Dicks Hutto Natcher program would expire. House Resolution 489 which would Dingell Jenkins Nelligan Dixon Jones Nowak As reported, the ways and means tax make these other amendments in Donnelly Jones Oberstar title would provide that effective Jan­ order. Dougherty Kastenmeier Obey uary 1, 1984, the same situation would Mr. FROST. Mr. Speaker, I yield Downey Kennelly Ottinger Dwyer Klldee Panetta exist as we have today; that is, a 5-per­ such time as he may consume to the Dyson Kogovsek Patterson cent passenger ticket tax with reve­ gentleman from South Dakota Lantos Pepper July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17811 Peyser Roybal Tauke Hefner Montgomery Skelton provement of the Nation's airport and Pickle Russo Traxler Hertel Mottl Smith airway system, and for other purposes, and Porter Sabo Udall Holland Murtha Smith the first reading of the bill shall be dis­ Price Scheuer VanderJagt Hollenbeck Napier Solomon Quillen Schumer Vento Hopkins Nelson Stanton pensed with. After general debate, which Rangel Shannon Washington Hubbard Nichols Stump shall be confined to the bill and shall con­ Ratchford Solarz; Waxman Hyde O'Brien Thomas tinue not to exceed four hours, one hour to Reuss StGermain Weaver Jones Oakar Trible be equally divided and controlled by the Rodino Stark Weiss Kramer Pursell Watkins chairman and ranking minority member of Roe Stokes Wirth Leath Rahall White the Committee on Public Works and Trans­ Rosenthal Studds Yates Levitas Railsback Whitehurst Rostenkowsld Swift Zablocki Long Rhodes WUllams portation, one hour to be equally divided Marks Richmond Wilson and controlled by the chairman and ranking NAYS-178 Martin Rousselot Wolpe minority member of the Committee on Sci­ Alexander Goodling Oxley Mavroules Rudd Wright ence and Technology, and two hours to be Anderson Gradison Parris McClory Santlnl Wyden equally divided and controlled by the chair­ Andrews Green Pashayan McCloskey Savage Yatron man and ranking minority member of the Archer Gregg Patman McKinney Seiberling Young(FL) Committee on Ways and Means, the bill Ashbrook Grisham Paul Mitchell Shumway Young Moakley Shuster Zeferetti shall be read for amendment under the five­ Bedell Gunderson Perkins minute rule. It shall be in order to consider Benedict Hagedorn Petri Moffett SUJander Bereuter Hall, Ralph Pritchard Mollohan Simon the amendment in the nature of a substi­ Bethune Hamilton Regula tute recommended by the Committee on Bevtll Hammerschmidt Rinaldo 0 1220 Public Works and Transportation now Blliey Hansen Ritter The Clerk announced the following printed in the bill as an original bill for the Bonker Hansen Roberts purpose of amendment under the five­ Bouquard Harkin Roberts pairs: minute rule, all points of order against said Brinkley Hartnett Robinson On this vote: substitute for failure to comply with the Brooks Heckler Roemer Mr. Rahall for, with Mr. Hollenbeck Brown Hendon Rogers provisions of clause 5, rule XXI are hereby Broyhill Hightower Rose against. waived. and each section of said substitute Butler HUer Roth Mr. Fazio for, with Mr. Rudd against. shall be considered as having been read. It Campbell HUlls Roukema Mr. Addabbo for, with Mr. McKinney shall be in order to consider the text of the Carman Holt Sawyer against. amendments recommended by the Commit­ Carney Horton Schneider Mr. Florio for, with Mr. Young of Florida tee on Science and Technology now printed Clausen Hoyer Schroeder against. in the bill, and the text of the bill H.R. 6193 Clinger Huckaby Schulze if Coats Hunter Sensenbrenner Mr. Mollohan for, with Mr. Bailey of Mis­ reported by that committee, offered as Coleman Ireland Shamansky souri against. amendments to said substitute. After the Collins Jacobs Sharp Mr. Bonior of Michigan for, with Mr. disposition of all other perfecting amend­ Corcoran Jeffords Shaw DeNardis against. ments to said substitute, it shall be in order Courter Jeffries Shelby Mrs. Boggs for, with Mr. Hyde against. to consider an amendment adding a new Coyne, James Johnston Skeen Mr. Zeferetti for, with Mr. Siljander title to said substitute consisting of the text Crane, Daniel Kazen Smith against. of the amendment in the nature of a substi­ Crane, Philip Kemp Smith D'Amours Kindness Smith Mr. Gray for, with Mr. Solomon against. tute recommended by the Committee on Daniel, Dan Lagomarsino Smith Mr. Richmond for, with Mr. Napier Ways and Means now printed in the bill Daniel, R. W. Latta Snowe against. H.R. 4800, and all points of order against Dannemeyer Leach Snyder Mr. Nelson for, with Mr. Chapple against. said amendment for failure to comply with Daschle LeBoutUUer Spence Mr. Clay for, with Mr. Mitchell of New the provisions of clause 7, rule XVI and Daub Lee Stangeland York against. clause 5, rule XXI are hereby waived. Said Davis Lent Staton amendment shall not be subject to amend­ Deckard Lewis Stenholm Mrs. Collins of Dlinois for, with Mr. Derwinsld Livingston Stratton Whitehurst against. ment, or to a demand for a division of the Dickinson Loeffler Synar Mr. Dymally for, with Mr. Martin of New question in the House or in the Committee Dreier Lujan Tauzin York against. of the Whole, except pro forma amend­ Duncan Madigan Taylor Mrs. Chisholm for, with Mr. Rousselot ments for the purpose of debate, germane Edwards Marlenee Volkmer against. amendments recommended by the Commit­ Edwards Marriott Walgren Mr. Hawkins for, with Mr. Fish against. tee on Ways and Means, and the following Emerson Martin Walker Messrs. ALEXANDER, HOYER, amendments: <1> amendments to said English Martin Wampler amendment printed in the CONGR.BSSIONAL Erdahl Mazzoll Weber COLEMAN, VOLKMER, WALGREN, Evans McCollum Weber and GRISHAM changed their votes RzcoRD of June 16, 1982, by, and if offered Evans McCUrdy Whitley by, Representative Moou; and <2> an Fiedler McDonald Whittaker from "yea" to "nay.'' amendment to said amendment printed in Fields McEwen Whitten Ms. MIKULSKI and Mr. OBER­ the CONGRESSIONAL RECORD of June 8, 1982, Flippo McGrath WUlla!D.S STAR changed their votes from "nay" by, and if offered by Representative FREN­ Forsythe Miller Winn ZEL. and said amendments if offered shall Fountain Molinari Wolf to "yea." Frenzel Moore Wortley So the previous question was not or­ not be subject to amendment, or to a Gilman Moorhead Wylie dered. demand for a division of the question in the Gingrich Morrison Young The result of the vote was an­ House or in the Committee of the Whole, Glickman Myers except pro forma amendments for the pur­ Gonzalez Neal nounced as above recorded. pose of debate. Upon the disposition of said AKDDIIDT IN TBJ: KATUU OJ' A StJ'BSTITUTJ: amendments, no further amendments to the NOT VOTING-121 OJ'I'DD BY llll. IIOORJ: bill shall be in order. At the conclusion of Addabbo Brown Edgar Mr. MOORE. Mr. Speaker, I offer the consideration of the bill for amendment, Albosta Burgener Emery an amendment 1n the nature of a sub­ the Committee shall rise and report the bill Atkinson Burton, John Erlenbom to the House with such amendments as may Badham Burton, Phillip Ertel stitute. have been adopted, and any Member may Batalls Chapple Evans The Clerk read as follows: Bailey Chisholm Evans demand a separate vote on any amendment Barnard Clay ~o Amendment in the nature of a substitute adopted in the Committee of the Whole to Barnes Coelho Findley offered by Mr. MOORE: Strike all after the the bill or to the committee amendment in Beard Collins Fish resolving clause and insert in lieu thereof the nature of a substitute. The previous BeDenson Conyers Fithian the followtna: question shall be considered as ordered on Biaggi Craig Florio That upon the adoption of this resolution the bill and amendments thereto to final Boggs Crockett Ford it shall be in order, section 402 of the Boland DeNardis Fuqua passage without intervening motion except Bolllng Dorgan Ginn Congressional Buc:laet Act of 1974 to provide for the im- MooRE) is recognized for 1 hour. 17812 CONGRESSIONAL RECORD-HOUSE July 23, 1982 Mr. MOORE. Mr. Speaker, I appreci­ with the reconciliation instruction of before us next week will raise $1.78 bil­ ate those Members of the House, my the first budget resolution. But what lion next year. The first amendment colleagues, who voted down the previ­ is happening ultimately is that Mem­ that this amended rule will make in ous question on the rule, to now make bers think we can play high political order that I am going to offer lowers in order three amendments to be of­ theater and not meet our responsibil­ that by $50 million-$50 million out of fered to the tax portion of this bill ities with respect to the deficits that $1.78 billion. That is chicken feed. when it comes up for consideration have been incurred because Congress Most people do not pay any attention later next week. passed the Economic Recovery Tax to that minor a change. The amendment to the rule which I Act of last year. The second amendment that I would have now offered does, as we said in I just want to make this final obser­ make in order does not actually affect debate, make in order three amend­ vation-the Senate bill provides for revenues at all. All it does is clarify ments. much higher revenues from aviation what is going to be sunsetted so that First, to lower the tax on general taxes than does this measure. This bill we know all these taxes end on a cer­ aviation from a tripling down to a dou­ is a modification of what the adminis­ tain date and the Ways and Means bling, 12 cents a gallon to 8 cents. tration had suggested. What will Committee does not have other taxes Second, to sunset all taxes. The bill happen ultimately is that when the that are still continuing and going into drawn by the Ways and Means Com­ Committee on Ways and Means bring the general fund. mittee sunsets almost all of the taxes, a revenue measure in the neighbor­ The third amendment I will let the but there are some carryover taxes hood of $20 billion for this fiscal year gentleman from Minnesota be offering when the FIFRA bill ing something other than bugs and germs, takes exception to the factual inaccuracies you might want to pay some attention to and the misleading implications contained comes on the floor next week. That the reauthorization of the Federal Insecti­ in your July 22, 1982 editorial concerning amendment will be to strike section 11 cide, Fungicide and Rodenticide Act (the ul­ household pesticides. CSMA represents over of H.R. 5203. Basically, what section timate government acronym: FIFRA-just 425 firms, many of which manufacture non­ 11 does right now is it transforms a try to say it). Amendments being recom­ agricultural pesticides including disinfect­ very simple four line provision author­ mended by the House Agriculture Commit­ ants and sanitizers; home, lawn and garden izing States to establish a pesticide tee could give you additional reason for con­ insecticides; and a wide variety of other pes­ program stricter than the Federal pro­ cern. ticide products for home, industrial and in­ gram. It takes that simple four line At the urging of the chemical industry, stitutional uses. the committee would make it much harder Each and every one of these products is provision that we have had in the for states to set more stringent controls on rigorously reviewed at the federal level by FIFRA bill since 1972 and it changes it pesticide use than those set by the federal the EPA under the requirements of the Fed­ into a very complex, convaluted ad­ government. Until now, FIFRA policy has eral Insecticide, Fungicide and Rodenticide ministrative nightmare that requires followed the general pattern of other Act . Manufacturers are required to 1371ines to describe. health, safety and environment legislation­ test products extensively to meet very strict Congress has repeatedly in the past federal law sets minimum standards, but health and safety standards before EPA supported the authority of States to also allows states to set stricter require­ permits a new product to be marketed. The ments if they see fit. development and collection of these data to impose health, safety, and environ­ Few states have seen the need-or been support a federal registration can take from mental standards tailored to local willing to devote the substantial resources­ four to six years and can cost manfacturers needs. to go beyond the minimum standards set by up to four million dollars. You can not cate­ In addition to FIFRA, such flexibil­ the Environmental Protection Agency for gorize and summarily dismiss these federal ity is contained in the Clean Air Act, registering pesticide products. A notable ex­ safeguards by referring to them as "mini­ the Occupational Safety and Health ception is California, which set up a full­ mum requirements". scale review process a few years ago and rap­ The specific amendment to FIFRA con­ Act, the Surface Mining Reclamation idly built up a large backlog of unprocessed tained in Section 11 of H.R. 5203, now being and Control Act, the Natural Gas registrations. Chemical manufacturers were considered in the House of Representatives, Pipeline Safety Act, and the Flamma­ understandably irked by long delays. They is intended to correct a problem which now ble Fabrics Statutes. were also bothered by California's requests exists in the State of California, but has the Current State authority, section for expensive additional data on product potential for developing in a number of 24 of FIFRA to regulate federally safety and usefulness-although such re­ other states. It can not be solved by the ac­ registered pesticides was established, quests were made in only a small percentage tions of a single state legislature. of cases. Contrary to the statements in the editori­ as I said, in the 1972 amendments. Businesses can to to court to contest state al, some 80-85 percent of applications for Since that time administrations of actions that seem arbitrary or capricious or registration have been affected by the State both parties have upheld this ap­ greatly disrupt the flow of interstate com­ of California's policy of requiring the devel­ proach to State-Federal interactions in merce. But lawsuits are expensive and time­ opment of new data and additional review of the pesticide regulations. consuming, and the industry wants Con­ existing data on the same products already In a recent letter to the Agriculture gress to require states to process registra­ registered by EPA and most other states. tions promptly and get EPA approval for re­ This does not represent a "small percent­ Committee, the Environmental Protec­ quests for additional data on products­ age." tion Agency reaffirmed the Reagan other than agricultural products of specific Further, the amendment does not require administration's support of current local concern. EPA approval for requests for additional law and strong opposition to section 11 California admits that, until it recently in­ data, it merely allows the EPA to review a of H.R. 5203. creased staff and simplified the review proc­ state request for additional data when the Basically, the issue we are dealing ess, its program was inefficient. But the applicant for a registration believes that the with is whether or not a State can state also points to many cases in which it­ request is arbitrary or capricious. The and other states-have been well ahead of amendment maintains precisely the same fashion its own pesticide regulations EPA in pointing out substantial public authority the states now have. It permits to its own individual needs. What we health hazards. The National Association of each state to request additional data above have is the Federal law and we say if State Departments of Agriculture and a and beyond the EPA requirements. No state the States want to tailor a law specific broad array of health, environmental and is prevented from regulating the sale or use to their needs, that may be stricter July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17815 than the Federal law, they are allowed Crane, Phlllp Hunter Price Bafalls Evans Napier D'Amours Hutto Pritchard Bailey Fazio Nelson to do so. Daniel, Dan Ireland Quillen Barnard Findley Nichols As I said, the administration has a Daniel, R. W. Jacobs Rangel Barnes Fish O'Brien statement of their policy. It is said Dannemeyer Jeffords Ratchford Beard Fithian Oakar Daschle Jenkins Regula Bellenson Florio Peyser that the administration opposes pas­ Daub Johnston Reuss Blaggt Ford Pursell sage of this bill unless section 11 is de­ Davis Jones Rinaldo Boggs Fuqua Rahall leted. de la Garza Jones Ritter Boland Ginn Railsback I would point out that the adminis­ Deckard Kastenmeier Roberts Bolling Goldwater Rhodes Derrick Kazen Roberts Bonlor Gray Richmond tration is not alone in opposing section Derwinski Kemp Robinson Bowen Hall, Sam Rousselot 11. My amendment is also supported Dickinson Kennelly Rodino Breaux Hamilton Rudd by the National Association of State Dicks Kildee Roe Brodhead Hatcher Santtnl Dixon Kindness Roemer Broomlield Hefner Savage Departments of Agriculture; the AFL­ Dougherty Kogovsek Rogers Brown Hertel Shumway CIO; United Farmworkers; Oil, Chemi­ Downey LaFalce Rose Burgener Holland Shuster cal, and Atomic Workers; Internation­ Dreier Lagomarsino Rosenthal Burton, John Hollenbeck Siljander al Chemical Workers; and Bakery, Duncan Lantos Rostenkowsk1 Burton. Phllllp Hopkins Simon Dwyer Latta Roth Chappie Hubbard Skeen Confectionery, and Tobacco Workers Dyson Leach Roukema Chisholm Hyde Skelton International. Joining labor and the Eckart LeBoutlliler Roybal Clay Jeffries Smith administration in opposing these pro­ Edwards Lee Russo Coelho Jones Smith Edwards Lehman Sabo Collins Kramer Solomon visions are public interest groups rep­ Edwards Leland Sawyer Conyers Leath Stanton resenting a wide range of concerns in­ Emerson Lent Scheuer Craig Levltas Stump cluding: March of Dimes; American English Lewis Schneider Crockett Long(MD) Thomas Public Health Association; National Erdahl Livingston Schroeder Dellums Marks Trible Evans Loeffler Schulze DeNardis Marlenee Watkins Wildlife Federation; Friends of the Evans Long Schumer Dingell Martln Weber Earth; National Audubon Society; Mi­ Fary Lott Seiberling Donnelly Mavroules White grant Legal Action; Consumer Federa­ Fascell Lowery Sensenbrenner Dorgan McClory Whitehurst Fenwick Lowry Sham.ansky Doman McCloskey Wllllams tion of America; and the National Coa­ Ferraro Lujan Shannon Dowdy McKinney Wilson lition Against the Misuse of Pesticides. Fiedler Luken Sharp Dunn Mitchell Wolpe These all support the continuation Fields Lundlne Shaw DymaUy Moakley Wyden Flippo Lungren Shelby Early Moffett Yatron of the present law that we have, which Foglletta Madigan Smith Edgar Mollohan Young(FL) is to allow the States to tailor their Foley Markey Smith (lA) Emery Montgomery Young(MO> own pesticide regulations to their own Ford Marriott Smlth Erlenbom Mottl Zeferetti needs. Forsythe Martin Smith Ertel Murtha Fountain Martin Snowe Evans Myers I wanted to alert Members to this Fowler Martinez Snyder amendment that I am sure will be de­ Frank Matsui Solarz 0 1300 bated at length next week and to urge Frenzel Mattox Spence Frost Mazzoll StGermain So the resolution was agreed to. your support of deleting section 11 Garcia McCollum Stangeland from the FIFRA bill as it is now writ­ Gaydos McCurdy Stark The result of the vote was an­ ten. Gejdenson McDade Staton nounced as above recorded. Gephardt McEwen Stenholm Mr. DERRICK. Mr. Speaker, I move Gibbons McGrath Stokes A motion to reconsider was laid on the previous question on the resolu­ Gilman McHugh stratton the table. tion. Gingrich Mica Studds The previous question was ordered. Glickman Michel SWift Goodling Mlkuls1d Synar The SPEAKER pro tempore. The Gore Miller Tauke NOTIFICATION TO SEEK question is on the resolution Gradlson Miller Tauzin RESTRICTIVE RULE The question was taken; and the Gramm Mlneta Taylor Green Minish Traxler Mr. FORD of Michigan. This is to Speaker pro tempore announced that Gregg Mitchell Udall notify Members that when the Com­ the ayes appeared to have it. Grisham Mollnar1 VanderJaat mittee on Post Office and Civil Service Mr. YATES. Mr. Speaker, I object to Guarini Moore Vento Gunderson Moorhead Volkmer appears before the Committee on the vote on the ground that a quorum Hagedorn Morrtaon Walgren Rules to request a rule for the consid­ is not present and make the point of Hall Murphy Walker eration of the bill H.R. 6785, I may order that a quorum is not present. Hall, Ralph Natcher Wampler seek a rule which limits amendments. The SPEAKER pro tempore. Evi­ Hammerschmidt Neal Washington Hance Nellipn Waxman However, I will ask that the rule dently a quorum is not present. Hansen Nowak Weaver permit an amendment placing a 4-per­ The Sergeant at Arms will notify Hansen Oberstar Weber Harkin Obey WeiBa cent cap on cost-of-living adjustments absent Members. Hartnett Ottinger Whitley for civil service, Foreign Service, and The vote was taken by electronic Hawkins Oxley Whittaker military retirees. device, and there were-yeas 301, nays Heckler Panetta Whitten 2, answered "present" 1, not voting Heftel Parr1a Wllllams Hendon ~hayan Wtnn 130, as follows: Hightower Patman Wirth PERMISSION TO FILE CONFER­ [Roll No. 2111 Htler Patterson Wolf ENCE REPORT ON S. 2332, Hllils Paul Wortley YEAS-301 Holt Peaae Wright ENERGY POLICY AND CONSER­ Akaka Bevill Carney Horton Pepper Wylle VATION ACT AMENDMENTS Alexander Bingham Chappell Howard Perkins Young Anderson Blanchard Cheney Hoyer Petri Z&block1 Mr. SHARP. Mr. Speaker, I ask Annunzlo Billey Clausen Huckaby Pickle unanimous consent that the managers Anthony Boner Cllnger Hughes Porter may have until midnight tonight to Archer Bonker Coats Ashbrook Bouquard Coleman NAYB-2 file the conference report on the Aspin Brinkley Collins McDoruUd Yates Senate bill Brown Conte ANSWERED ''PRESENT''-1 Bedell Brown Corcoran extend certain authorities relating to Benedict Broyhlll Coughlin Gonzalez the International Energy Program, to Benjamin Butler Courter NOT VOTING-130 provide for the Nation's energy emer­ Bennett Byron Coyne, James Bereuter Campbell Coyne, Wllllam Addabbo Andrews Atkinson gency preparedness, and for other pur­ Bethune Carman Crane, Daniel Albosta Applegate Badham poses. 17816 CONGRESSIONAL RECORD-HOUSE July 23, 1982 The SPEAKER pro tempore. Is the Federal Government shall be prepared authorities described in the memorandum of there objection to the request of the prior to any shortage of petroleum products law submitted under subsection (a) to re­ gentleman from Indiana? to respond to energy emergencies, pursuant spond to a severe energy supply interruption There was no objection. to authorities under provisions of law other or other substantial reduction in the than this part, as a supplement to reliance amount of petroleum products available to CONFERENCE REPORT REPT. 97-663) (H. No. on the free market to mitigate the adverse the United States, including a description of The committee of conference on the dis­ impacts of a shortage of petroleum products the likely sequence in which such options agreeing votes of the two Houses on the on public health, safety, and weT.tare. would be taken; amendments of the House to the bill REPARATION FOR PETROLEUM SUPPLY doing so; and ommend to their respective Houses as fol­ INTERRUPTIONS "fC) recommend any additional statutory lows: "SEC. 272. (a) DESCRIPTION OF AVAILABLE authority the President considers necessary That the Senate recede from its disagree­ LEGAL AUI'HORITIES.-(1) The President shall to respond to a severe energy supply inter­ ment to the amendment of the House to the submit to the Congress no later than Novem­ ruption or other substantial reduction in text of the bill and agree to the same with ber 15, 1982, a memorandum of law which the amount of petroleum products available an amendment as follows: In lieu of the describes the nature and extent of the au­ to the United States. matter proposed to be inserted by the House thorities available to the President under ex­ "(c) DISCLAIMERS.-(1) Nothing in this amendment insert the following: isting law to respond to a severe energy part, or in the comprehensive energy emer­ SECTION I. SHORT TITLE. supply interruption or other substantial re­ gency response procedures submitted pursu­ This Act may be cited as the "Energy duction in the amount of petroleum prod­ ant to subsection (b), shall- Emergency Preparedness Act of 1982". ucts available to the United States. "(A) limit the authority of the President SEC. Z. INTERNATIONAL ENERGY PROGRAM AMEND­ "(2) The memorandum of law required by under any provision of law to respond to a MENTS. paragraph (1) shall be prepared by the Attor­ reduction in the amount of petroleum prod­ fa) EXTENSION.-Subsection (j) of section ney General, in consultation with the Secre­ ucts available to the United States; or 252 of the Energy Policy and Conservation tary of Energy. "(B) grant any authority to the President Act f42 U.S.C. 6272(j)) is amended by strik­ "(3) The memorandum of law submitted to to respond to a reduction in the amount of ing out '~ugust 1, 1982" and inserting in the Congress pursuant to this subsection petroleum products available to the United lieu thereof "at midnight December 31, shall- States. 1983". " fA) include the following subjects- "(2) No State law or State program in (b) LIMJTATIONS.-(1) Section 251 of the "(i) activities of the United States in SUP­ effect on the date of the enactment of this Energy Policy and Conservation Act f42 port of the international energy program part, or which may become effective thereaf­ U.S.C. 6271) is amended by adding at the and the December 10, 1981, International ter, shall be construed to be superseded by end thereof the following new subsection: Energy Agency agreement entitled 'Decision any provision of this part.". "(e) No rule under this section may be put on Preparation tor Future Supply DisruP­ (b) CONFORMING AMENDMENT. -The table of into effect unless- tions' including- contents tor the Energy Policy and Conser­ "(1) an international energy supply emer­ "([) the National Emergency Sharing Or- vation Act is amended by adding a.tter the gency, as defined in the first sentence of sec­ ganization; item relating to section 255 the JoUowing tion 252(1)(1), is in effect; and "(11) emergency sharing sYstems; and new items: "(2) the allocation of available oil referred "(Ill) the supply right project,· "(ii) activities of the United States pursu­ "PART C-ENERGY EMERGENCY to in chapter III of the international energy PREPAREDNESSAS6313 program has been activated pursuant to ant to its energy emergency preparedness ob­ chapter IV of such program. ". ligations to the North Atlantic Treaty Orga­ "Sec. 271. Congressional findings, policy, (2) Section 252 of such Act f42 U.S. C. 6272) nization; and purpose. is amended by adding at the end thereof the "(iii) development and use of the Strategic "Sec. 272. Preparation tor petroleum following new subsection: Petroleum Reserve; supply interruptions.". "fm) The authority granted by this section "fiv) Government incentives to encourage SEC. I. STIU.TEGIC PETROLEUM RESERVE AMEND­ shall apply only to the development or car­ private petroleum product stocks; JIIENTS. "(v) reactivation of the JoUowing Execu­ TYing out of voluntary agreements and plans (a) REQUIRED RATE FOR FILLING RESERVE.­ tive Manpower Reserves: (1) IN GENERAL.-Subsection (c) of section of action to implement chapters Ill, rv, and "([) the Emergency Electric Power Re­ V of the international energy program.". 160 of the Energy Policy and Conservation serve; Act (42 U.S. C. 6240(c)) is amended to read as SEC. J. ENERGY EMERGENCY PREPAREDNESS. "([[) the Emergency Petroleum and Gas (a) IN GENERAL.-Title II of the Energy follows: Reserve; and "(c)(1)(A) The President shall immediately Policy and Conservation Act, relating to "(IIIJ the Emergency Solid Fuels Reserve; standby energy authorities, is amended by "(vi) energy emergency response manage­ undertake, and thereafter continue, petrole­ adding at the end thereof the following new ment in coordination with State and local um products acquisition, transportation, part: governments; and and inJection activities, to the extent funds "(vii) emergency public in/ormation ac­ are available pursuant to section 167fb)(2) "PART C-ENERGY EMERGENCY PREPAREDNESS and (b)( 3), at a level suJ/icient to assure that "CONGRESSIONAL FINDINGS, POLICY, AND tivities; and "(B) distinguish among- the petroleum products in the Strategic Pe­ PURPOSE "fi) situation& involving limited or gener­ troleum Reserve will be increased at an av­ "SEC. 271. (a) FINDINGS.-The Congress finds al war, international tensions that threaten erage annual rate of at least the minimum that- national security, and other Presidentially required fill rate until the quantity of petro­ "(1) a shortage of petroleum products declared emergencies; leum products stored within the Strategic caused by reductions in imports of petrole­ "(ii) events resulting in activation of the Petroleum Reserve is at least 500,000,000 um products may occur at any time; international energy program,· and barrels. "(2) such a shortage may be suJ/iciently "(iii) events or situations less severe than "(B) Subject to subparagraph (C), the min­ large to cause severe economic dislocations those described in clauses (i) and (ii). imum required fill rate shall be 300,000 bar­ and hardships, or constitute a serious threat "(b) COMPREHENSIVE ENERGY EMERGENCY rels per day tor purposes of subparagraph to public health, safety, and weT.tare; and RESPONSE PROCEDURES. -(1) Not later than fA), unless there is in effect a finding by the "(3) prior to the occurrence of such a December 31, 1982, the President shall President in his discretion for good cause shortage, the Federal Government has a re­ submit to the Congress comprehensive that compliance with such rate would not be sponsibility to be prepared to mitigate the energy emergency response procedures tor in the national interest. Any finding by the adverse impacts of such a shortage as a sup­ implementation, in whole or in part. of the President under this subparagraph takes plement to reliance on free market pricing authorities described under subsection fa). effect on the date such finding is trasmitted and allocation of available petroleum prod­ "(2) The comprehensive energy emergency to the Congress and ceases to have effect at uct supplies. response procedures shall- the end of the fiscal ye.ar in which such find­ "(b) PoLICY.-The Congress declares that it "(AJ describe the various options the Presi­ ing was made. Any such finding trasmitted shall be the policy of the United States that dent would consider using to implement the to the Congress shall include a statement of July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17817 the facts upon which the finding is based. age facilities in the Reserve shall be deemed fBJ distinguish between the impacts of Any such finding shall not be subject to judi­ to be 'a major Federal action significanUy such reliance on various categories of busi­ cial review. affecting the quality of the human environ­ ness (including small business and agricul­ "(CJ The minimum required fill rate shall ment' within the meaning of that term as it ture) and on households of different income be 220,000 barrels per day for purposes of is used in section 102(2)(CJ of the National levels, subparagraph fAJ during the period 'in Environmental Policy Act of 1969. fCJ specijy the nature and administration which any finding by the President under "(BJ For purposes of this paragraph, an of monetary and fiscal policies that would subparagraph fBJ is in effect. interim storage facility shall be considered be followed including emergency tax cuts, "fD)(iJ If funds are available in any given to be an existing interim storage facility if emergency block grants, and emergency sup­ fiscal year after fiscal year 1982 to achieve it- plements to income maintenance programs, an average annual fill rate higher than the "(i) is in existence on July 1, 1982; and minimum required fill rate in effect under "(iiJ was constructed in a manner appro­ subparagraph fCJ, the minimum required priate for storing petroleum products; and fDJ describe the likely impact on the dis­ fill rate shall be the highest practicable fill "(iii) is not modified after July 1, 1982, in tribution of petroleum products of State and rate achievable, subject to the availability of any manner which substantially increases local laws and regulations (including emer­ appropriated funds. the storage capacity of the facility. Any gency authorities) affecting the distribution "(iiJ The Impoundment Control Act of modification of such facility may not in­ of petroleum products. 1S74 (31 U.S.C. 1400 and following) shall clude replacement or reconstruction. Such analysis shall include projections of apply to funds made available under section "(4) The term 'interim storage facilities~ the effect of the petroleum supply reduction 167 fbJ and feJ. when used in this part. may include any on the price of motor gasoline. home heating "(2) After the Strategic Petroleum Reserve vessel which meets the applicable require­ oil, and diesel fuel, and on Federal tax reve­ reaches a level of 500,000,000 barrels, the ments under this part.,. nues, Federal royalty receipts, and State and President shall immediately seek to under­ fCJ Section 160fe)(4J of such Act (42 U.S. C. local tax revenues. take, and thereafter continue, petroleum 6240(e)(4JJ is amended by striking out (2) Within one year after the date of the products acquisition, transportation, and "cntde oil, and inserting in lieu thereof ''pe­ enactment of this Act, the Secretary of injection activities at a level su.tficient to troleum product,. Energy shall submit a report to the Congress (c) STRATEGIC PETROLEUM RESERVE DRAW· assure that the petroleum products in the and the President containing the analysis Strategic Petroleum Reserve will be in­ DOWN PLAN.-On or be/ore December 1, 1982, required by this subsection. including a de­ creased at an average annual rate of at least the President shall transmit to the Congress tailed step-by-step description of the proce­ a drawdown plan for the Strategic Petrole­ 300,000 barrels per day until the quantity of dures by which the policies speci.fted in um Reserve consistent with the require­ petroleum products stored within the Strate­ paragraph (1)(CJ would be accomplished in gic Petroleum Reserve is at least 750,000,000 ments of section 154 of the Energy Policy an emergency, along with such recommen­ and Conservation Act. Such plan shall be barrels.,. dations as the Secretary of Energy deems ap­ (2) EFFECTIVE DATE.-The amendment made transmitted to the Congress as an amend­ propriate. by paragraph ( 1 J shall take effect July 1, ment to the Strategic Petroleum Reserve (b) STRATEGIC PETROLEUM RESERVE DRA. W· 1982. Plan. Such amendment shall take effect on (b) INTERIM STORA.GE.- the date it is transmitted to the Congress DOWN AND DISTRIBUTION REPORT.-The Presi­ (1) AurHORITY FOR IMPLEMENTATION.- Sec­ and shall not be subject to section 159(e) of dent shall prepare and transmit to the Con­ tion 159ffJ of the Energy Policy and Conser­ such Act relating to Congressional review. gress, at the time he transmits the draw­ vation Act (42 U.S.C. 6239ffJJ is amended by Subsequent amendments to such plan shall down plan pursuant to section 4(cJ, a report striking out "and, at the end of paragraph be in accordance with subsections fdJ and containing- (3), by striking out the comma at the end of (eJ of such section 159. (1J a description of the foreseeable situa­ paragraph f4J and inserting"; and ,, in lieu SEC. 5. CONTINUATION OF PETROLEUM PRODUCT IN­ tions (including selective and general em­ thereof, and by inserting after paragraph (4) FORMATION COLLECTION. bargoes, sabotage. war, act of God, or acci­ the following new paragraph: (a) IN GENERAL.-Part A of title V of the dent) which could result in a severe energy "(5) the storage of petroleum products in Energy Policy and Conservation Act (42 supply interruption or obligations of the interim storage facilities,,. U.S. C. 6381 and following) is amended by United States arising under the internation­ (2) USE OF SPR PETROLEUM ACCOUNT; CON­ adding at the end thereof the following new al energy program necessitating distribu­ FORMING AMENDMENTS.-(A) Section 167 of section.· tions from the Strategic Petroleum Reserve. such Act (95 Stat. 619; to be codified at 42 and U.S.C. 6247) is amended by adding at the ''PETROLEUM PRODUCT INFORMATION f2J a description of the strategy or alterna­ end thereof the following: "SEc. 507. The President or his delegate tive strategies of distribution which could "(e)(1J Except as provided in paragraph shall, pursuant to authority otherwise avail­ reasonably be used to respond to each situa­ (2), nothing in this part shall be construed able to the President or his delegate under tion described under paragraph (1J, together to limit the Account from being used to meet any other provision of law, collect in./orma­ with the theory and justification underlying expenses relating to interim storage facili­ tion on the pricing, supply, and distribution each such strategy. ties for the storage of petroleum products for of pertroleum products by product category The description of each strategy under the Strategic Petroleum Reserve. at the wholesale and retail levels, on a State­ paragraph (2) shall include an explanation "(2) In any fiscal year, amounts in the Ac­ by-State basis. which was collected as of of the methods which would likely be used to count may not be obligated for expenses re­ September 1, 1981, by the Energy ln./orma­ determine the price and distribution of pe­ lating to interim storage facilities in excess tion Administration.". troleum products from the Reserve in any of 10 percent of the total amounts in the Ac­ (b) CLERICAL AMENDMENT.-The table of such distribution. and an explanation of the count obligated in such fiscal year. If the contents for such Act is amended b11 insert­ disposition of revenues arising from sales of amount obligated in any fiscal year for in­ ing the following new item after the item re­ any such petroleum products under the terim storage expenses is less than the lating to section 506: strategy. amount of the 1 0-percent limit under the "Sec. 507. Petro~ pi"'tiilet illlormatlotL '! (C) REGIONAL REsERVE REPORT.-The Presi­ preceding sentence for that fiscal year, then the amount of the 1 0-percent limit applica­ SEC. 6. REPORTS TO CONGRESS ON PETROLEUM dent or his delegate shall submit to the Con­ SUPPLY INTERRUPTIONS. gress no later than December 31, 1982, a ble in the following fiscal year shall be in­ report regarding the actions taken to comply creased by the amount by which the limit ex­ (a) IMPACT ANALYSIS.-(1) The Secretary of with the provisions of section 15 7 of the ceeded the amount obligated for such ex­ Energy shall analuze the impact on the do­ Energy Policy and Conservation Act (42 penses.'. mestic economy and on consumers in the fBJ Section 159 of such Act (42 U.S.C. United States of reliance on market alloca­ U.S.C. 6237). Such report shall include an 6239) is amended by adding at the end there­ tion and pricing during any substantial re­ analysis of the economic benefits and costs of the following new subsection: duction in the amount of petroleum prod­ of establishing Regional Petroleum Reserves, "(h)(1J No amendment to the Strategic Pe­ ucts available to the United States. In including- troleum Reserve Plan relating to interim making such analysis, the Secretary of (1J an assessment of the ability to trans­ storage facilities shall be required prior to Energy may consult with the Secretary of port petroleum products to refiners, distrib­ the storage of petroleum products in such fa­ the Treasury, the Secretary of Agriculture, utors, and end users within the regions spec­ cilities. the Director of the Office of Management ified in section 157(aJ of such Act,· "(2) Petroleum products stored in interim and Budget, and the heads of other appro­ (2) the comparative costs of creating and storage facilities pursuant to this part shall priate Federal agencies. Such analysis operating Regional Petroleum Reserves for be considered to be in storage in the Reserve. shall- such regions as compared to the costs of con­ "(3)(AJ No action relating to the storage of fA) examine the equity and efficiency of tinuing current plans for the Strategic Pe­ petroleum products in existing interim stor- such reliance, troleum Reserve; and 17818 CONGRESSIONAL RECORD-HOUSE July 23, 1982 ( 3) a list of potential sites tor Regional Pe­ August 1, 1982, to December 31, 1983, the ly limits the authority of section 252 to ac­ troleum Reseroes. expiration date of section 252. That section tions taken to implement the allocation and (d) STRATEGIC ALCOHOL FUEL RESERVE authorizes U.S. oil companies to participate information provisions of the IEP, con­ REPORT.-The Secretary of Energy shall, in in voluntary agreements for implementing tained in Chapters III, IV, and V. The consultation with the Secretary of Agricul­ the allocation and information provisions of intent of the conferees is to ensure that the ture, prepare and transmit to the Congress the Agreement on an International Energy antitrust defense contained in section 252 no later than December 31, 1982, a study of Program . That program provides a cannot be extended to activities not within the potential tor establishing a Strategic Al­ mechanism for an oil allocation system to the allocation and information provisions of cohol Fuel Reseroe. be utilized by the participating countries in the IEP as originally signed by the United feJ MEANING OF TER.Ms.-As used in this sec­ the event of a major oil supply disruption States in 1974. Thus, the antitrust defense tion, the terms, "international energy pro­ by the countries which participate in the would not apply to any actions taken by gram•: "petroleum product': "Reseroe•: International Energy Agency . Section United States oU companies in response to "severe energy supply interruption·: and 252 also provides a limited defense against so-called "subcrisis" supply disruptions, if "Strategic Petroleum Reseroe" have the antitrust suits that may be brought against such actions were not also authorized by meanings given such terms in sections 3 and United States oil companies participating in Chapters III, IV, or V of the IEP. A subcri­ 152 of the Energy Policy and Conseroation the IEP. sis supply disruption is one that is less than Act (42 U.S.C. 6202 and 6232). Limitations the 7 percent shortfall in base period oil And the House agree to the same. The conferees adopted the substance of consumption necessary to activate the IEP That the House recede from its amend- the Senate bill's provisions but made vari­ emergency sharing system. ment to the title of the bill. ous modifications. In paragraph <1 > of new SECTION 3. ENERGY EMERGENCY PREPAREDNESS JOHN D. DINGELL, section 25l of EPCA the phrase "or in general PHILIP R. SHARP, remain in effect" was deleted This change TOBY MOFFETT, was made for two reasons. First, it was nec­ Section 3 amends Title II of EPCA, JAMES T. BROYHILL. essary to make clear that upon official deac­ which relates to standby energy authorities, WI:I.I.IAJI E. DANNEMEYER. tivation of the IEP emergency sharing by adding at the end thereof a new part re­ And, solely for consideration of section system, any rule or order previously issued garding Energy Emergency Preparedness. 167(!) of the Energy Policy and Conserva­ under section 251 would continue to be en­ Congressional findings, policy, and purpose tion Act, as added by section 3(b)(2> of forced to ensure that it is carried out effec­ fSec. 271) tively and equitably. Second, the deletion the House amendment: The conferees adopted the Senate provi­ JOHN BREAUX, was necessary to foreclose an interpretation of the language leading to the conclusion sions regarding findings of EPCA requires J. BENNET!' JOHNSTON, cy sharing system. For example, it is possi­ the President by November 15, 1982, to WENDELL H. FoRD, ble that mandatory oil supply transactions submit to the Congress a memorandum of Managers on the Part of the Senate. might be needed after deactivation to satis­ law describing the nature and extent of the fy allocation obligations previously incurred JOINT EXPLANATORY STATEMENT OF THE authorities under existing law available to during the operation of the system, or to the President for his use in responding to a COMXITTEE OF CONFERENCE make allocation adjustments after the re­ severe energy supply interruption or other The managers on the part of the House ceipt of additional data. It also may be nec­ substantial reduction in the amount of pe­ and the Senate at the conference on the dis­ essary to make adjustments in the supplies troleum products available to the United agreeing votes of the two Houses on the of participating U.S. oil companies to dis· States. The memorandum of law must be amendments of the House to the bill of new sec­ The conferees adopted the Senate provi­ relating to the International Energy Pro­ tion 251 of EPCA was changed in its en­ sion requiring that the memorandum of law gram, to provide for the Nation's energy tirety to make more specific the intent of submitted to the Congress address several of emergency preparedness, and for other pur­ the conferees that "the measures provided the subject areas or programs currently poses, submit the following joint statement for under Chapter III" referred to in the being reviewed or developed by the Depart­ to the House and the Senate in explanation Senate bill were those measures regarding ment of Energy. of the effect of the action agreed upon by "the allocation of available oil". The amend­ the managers and recommended in the ac­ Comprehensive energy emergency response ment of sections 251 and 252 was undertak­ procedures companying conference report: en to preclude any misinterpretation of the The House amendment to the text of the scope of the authority conferred by those A new section 272(b) of EPCA directs the bill struck out all of the Senate bill after sections. Accordingly, the new subsection President to submit to the Congress no later the enacting clause and inserted a substi­ of section 251 provides that no rule under than December 31, 1982, comprehensive tute text. such section may be put into effect unless energy emergency response procedures The Senate recedes from its disagreement an "international energy supply emergency" which the President would consider using to to the amendment of the House with an is in effect and the oil allocation measures implement the authorities described in the amendment which is a substitute for the referred to in Chapter III of the IEP have memorandum of law under subsection in Senate bill and the House amendment. The been activated pursuant to Chapter IV. It is responding to a severe energy supply inter­ differences between the Senate bill, the the intent of the conferees that section 251 ruption or other substantial reduction in House amendment, and the substitute provide only the authority necessary to re­ the amount of petroleum products available agreed to in conference are noted below, quire oU companies to take actions to fulfill to the United States. The procedures sub­ except for clerical corrections, conforming the international oil allocation obligations mitted by the President must include a de­ changes made necessary by agreements of the United States under Chapters III and scription of the likely sequence in which reached by the conferees, and minor draft­ IV of the IEP. The international allocations they would be undertaken. ing and clarifying changes. of oil under Chapters III and IV only can be The principal modification to Part C of SECTION 1. SHORT TITLE activated when the group of participating Title II made by the conferees was the addi­ This section provides that the Act may be countries as a whole or an individual lEA tion of disclaimer language in section 272. cited as the "Energy Emergency Prepared­ country sustains a minimum 7 percent re­ This language makes clear the intent of the ness Act of 1982". duction in base period on consumption. conferees that Part C of Title II neither Thus, section 251 provides no legal basis for confers additional authority on the Presi­ SECTION :il. INTERNATIONAL ENERGY PROGRAM ordering United States on companies to par­ dent, nor limits his authority under any pro­ AMENDMENTS ticipate in any on sharing activities prior to vision of law, in responding to reductions in Extension activation of the IEP emergency sharing petroleum supply availability to the United Subsection amends section 252(j) of system. States. Additionally, section 272 makes the Energy Policy and Conservation Act Section 252 of EPCA is amended by clear the intent of the conferees that the <42 U.S.C. 6272, which express- provisions of Part C would not in any fash- July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17819 ion preempt state laws or programs already "major Federal action significantly affect­ result, "product category" was added as an­ in effect or which would become effective ing the quality of the human environment" other specification for the type of informa­ after enactment of this Part. The authori­ under the National Environmental Policy tion to be collected. The conferees added ties of the states to enact laws in anticipa­ Act . An existing facility for interim the following language to the end of the tion of, or in response to, energy emergen­ storage is a facility which was in existence provision: "which was collected as of Sep­ cies remain unaffected by this legislation. on July 1, 1982; was constructed in a tember 1, 1981, by the Energy Information SECTION 4. STRATEGIC PETROLEUK RESERVE manner appropriate for storing petroleum Administration." This language is intended AMENDMENTS products; and is not modified after July 1, by the conferees to serve as the means for Section 4 amends sections 159, 160, and 1982, in a manner which substantially in­ determining the particular types of product 167ofEPCA. creases the storage capacity of the facility. categories to be collected, and for resolving The term "interim storage facility" specifi­ other issues pertaining to the scope and Required rate for filling reserve cally allows the use of vessels which meet level of detail of the required information. Section 4 amends section 160(c)(l) of the applicable requirements under this part. Further, it is intended that the information EPCA to require the President to fill the It is the intent of the conferees that the to be collected under the authority of this SPR at an average annual rate of at least NEPA waiver for vessels will be allowed only section will be collected by the Administra­ the minimum required fill rate until 500 if the vessels meet the requirements of new tor of the Energy Information Administra­ million barrels are in storage. The minimum section 159<3> of EPCA. It would not be tion. required fill rate will be determined in one expected that a container cargo freighter or The conferees expect that end-use infor­ of three ways. a fishing vessel would meet such require­ mation will be collected and published for Subparagraph establishes the mini­ ments. Although the conference agreement the residential, commercial, industrial, and mum required fill rate of 300,000 barrels per permits some modification of the facilities utility sectors. day. Under this subparagraph, the Presi­ used for such interim storage, it is not con­ dent may make a finding that compliance templated that replacement or reconstruc­ The reference to September 1, 1981, is not with the 300,000 barrel per day rate would tion of such facilities would be permitted to be construed to require only the informa­ not be in the national interest for good without NEPA compliance. tion that was collected, or required to be cause. For instance, the President may find The conferees intend that the Depart­ collected, on that particular date. Rather, that: ment of Energy, in determining the type of the conferees intend that the information (i) compliance with such rate significantly facilities to be used for the interim storage requirement include all types of petroleum impairs the ability of the United States to of petroleum products in the Strategic Pe­ product information collected by the EIA as respond to a severe energy supply interrup­ troleum Reserve, shall consider floating of that date. However, this requirement tion; storage as well as on-shore storage. Further­ does not prescribe the particular collection compliance significantly impairs the more, the conferees recognize the extreme methods to be employed. For example, the ability of the United States to meet its obli­ importance of maintaining a cost-effective, provision would not require the use of any gations under the international energy pro­ secure, and ready Reserve and therefore particular data forms used prior to Septem­ gram; or expect that the use of interim storage facili­ ber 1, 1981. In addition, the authority grant­ compliance is inappropriate due to ties to supplement existing permanent stor­ ed by this section is not intended to expand economic conditions affecting the general age shall be undertaken in such a fashion to the number of product categories for which welfare. ensure that interim storage costs are mini­ information was previously collected. this mized and that adequate security measures provision would not prevent consolidation of H he makes such a finding and transmits it forms. to Congress, accompanied by a statement of are employed. For example, to the extent the facts upon which the finding is based, that the Department chooses to employ ves­ SECTION 6.-REPORTS TO THE CONGRESS ON PE­ the minimum required fill rate shall be sels for interim storage, the conferees TROLEUK SUPPLY INTJ:RllUP­ 220,000 barrels per day, as required by sub­ expect that the Department will consider TIONS the security aspects of using U.S. crews on paragraph . Impact analysis Subparagraph establishes the mini­ such vessels. mum required fill rate that would be in There are widely differing estimates of Section 6 requires that within one year effect where funds are available in any the costs of expanding the permanent stor­ of enactment, the Secretary of Energy must achieve an average annual fill rate higher serve through the construction of new, submit to Congress and the President a than the minimum required fill rate in above-ground, steel tank storage. The con­ report analyzing the impact on the U.S. effect under subparagraph . In such ferees expect the Department of Energy to economy and U.S. consumers of reliance on cases, the minimum required fill rate shall review the estimated cost of steel tank stor­ the free market to allocate and set prices be the highest practicable fill rate achieva­ age and to analyze the impact on the econo­ for supplies of oil during substantial reduc­ ble subject to the availability of appropri­ my of Federal expenditures for such steel tions in available supplies to the United ated funds. tank storage. States. Appropriation Acts will necessarily govern Strategic petroleum reserve drawdoum plan Strategic petroleum reserve drawdoum and the availability of funds. The purpose of Section 4 requires that the President distribution report subparagraph is to express the policy transmit to Congress no later than Decem­ The conferees adopted the House provi­ that the President shall fill the SPR at the ber 1, 1982, a drawdown plan for the SPR sion which requires the President to submit highest practicable fill rate achievable sub­ consistent with the requirements of section to Congress a report containing information ject to the availability of funds. 154 of EPCA. Such plan is to be transmitted The use of the term "annual" in subsec­ to the Congress as an amendment to the specified in this provision and discussed in tion is intended to refer to the fiscal Strategic Petroleum Reserve Plan and be the House report . year. subject to EPCA and any requirements for Regional reserve report Interim Storage regional hearings. However, the amendment Section 6(c) requires the President to Section 4 clarifies the authority of the shall take effect on the date it is transmit­ submit to Congress no later than December Secretary of Energy to take various actions ted and not be subject to the Congressional 31, 1982, a study assessing the costs and ben­ , In addition, the age as part of the Strategic Petroleum Re­ etc.> in order to store oil in interim storage amendment shall not be subject to section serve. facilities. This section also allows the use of 159 relating to Congressional approval or The Conferees intend that the study will up to 10 percent of the SPR Petroleum Ac­ disapproval of amendments to the Strategic describe the status and substance of any dis­ count obligated in each fiscal year for ex­ Petroleum Reserve Plan. However, amend­ cussions or negotiations regarding coopera­ penses relating to storage of SPR oil in in­ ments to the plan made after the submis­ tion with Canada either in supplying oil for, terim storage facilities. H the amount obli­ sion required by this subsection shall be in or providing support for, a regional petrole­ gated for interim storage in a particular accordance with sections 159 and . um reserve for use by the United States. SECTION 6. CONTINUATION OF PETROLEUK PROD- fiscal year is less than the 10 percent al­ Strategic alcohol fuel reserve report lowed by this provision, then the following UCT INFORMATION COLLECTION fiscal year's 10 percent limit is increased by Section 5 amends Part A of title V of The conferees adopted the House provi­ the dollar amount of the carryover from the EPCA by adding at the end thereof a new sion requiring preparation and submission previous year. section 507 regarding the collection of pe­ to Congress of a study assessing the poten­ Further, this section provides that any troleum product information. tial for a strategic alcohol fuel reserve. action relating to the interim storage of oil The conferees adopted the provision in The conferees intend that the study con­ in any existing facility is not deemed to be a the House bill with one modification. As a tain- 17820 CONGRESSIONAL RECORD-HOUSE July 23, 1982 <1) an assessment of the priority end uses RADIO BROADCASTING TO CUBA the Budget Act and I will state that which could be satisfied by use of alcohol in ACT more accurately in my statement. lieu of petroleum products; <2> an evaluation of the relative economic Mr. PEPPER. Mr. Speaker, by direc­ Mr. MITCHELL of Maryland. Mr. benefits of establishing a Strategic Alcohol tion of the Committee on Rules, I call Speaker, I thank the gentleman. Fuel Reserve to supplement or supplant a up House Resolution 529 and ask for Mr. PEPPER. Mr. Speaker, House portion of the Strategic Petroleum Reserve, its immediate consideration. Resolution 529 provides for the consid­ including projections of relative costs, im­ The Clerk read the resolution, as fol­ eration of H.R. 5427, the Radio Broad­ pacts on balance of trade, and domestic em­ lows: ployment; casting to Cuba Act. The resolution <3> an analysis of the projected impact on H. RES. 529 provides 1 hour of general debate, 30 the cost and operation of agricultural pro­ Resolved, That upon the adoption of this minutes to be equally divided and con­ grams administered by the Federal govern­ resolution it shall be in order, section 402 trolled by the chairman and ranking ment, including, but not limited to, estimat­ of the Congressional Budget Act of 1974 minority member of the Committee on ed impacts on prices of domestic agricultur­ to the contrary not­ al commodities and the cost of storage withstanding, to move that the House re­ Foreign Affairs, and 30 minutes to be thereof; and solve itself into the Committee of the equally divided and controlled by the <4> assessments of alternative storage and Whole House on the State of the Union for chairman and ranking minority distribution options. the consideration of the bill of nority member of the Committee on For­ The rule also waves points of order the House amendment: eign Affairs, and thirty minuter. to be equal­ ly divided and controlled by the chairman against the bill under section 402 of JOHN BREAUX, the Congressional Budget Act, prohib­ EDWIN FORSYTHE, and ranking minority member of the Com­ Managers on the Part otthe House. mittee on Energy and Commerce, the bill iting consideration of authorization shall be read for amendment under the five­ JAMES A. McCLURE, bills not reported by May 15 before minute rule. It shall be in order to consider the fiscal year for which the bill is ef­ LoWELL P. WEICKER, Jr., the amendment in the nature of a substi­ PETE V. DOMENICI, tute recommended by the Committee on fective, and under clause 5 of rule MALcoLM WALLOP, Foreign Affairs now printed in the bill in XXI, prohibiting appropirations in a J. W. WARNER, bill reported by a legislative commit­ HENRY M. JACKSON, italic as the original bill for the purpose of J. BENNETT JOHNSTON, amendment under the five-minute rule, and tee. The 402 waiver is necessary be­ WENDELL H. FORD, all points of order against said substitute for cause the bill contains a supplemental Managers on the Part of the Senate. failure to comply with the provisions of authorization for 1982, while the legis­ clause 5, rule )00 are hereby waived. At the lation was not reported by May 15, conclusion of the consideration of the bill 1981. PERSONAL EXPLANATION for amendment, the Committee shall rise and report the bill to the House with such However, the Foreign Affairs Com­ of the Maryland, that I am sure he knows people who were once a part of the Budget Act requires that a bill which there is nobody in this Chamber who priceless island of the Carribbean-the provides new budget authodty for a is more opposed to cuts in social pro­ "Jewel of the Caribbean," as Cuba was fiscal year must be reported by May 15 grams than I have been. called. of the preceding fiscal year or it will Mr. MITCHELL of Maryland. I real­ That beautiful, fertile island, which not be eligible for consideration. ize that. was once the proud home of such Mr. MITCHELL of Maryland. Oh, I Mr. PEPPER. I share the gentle­ great patriots as Jose Marti, now, of see. man's view 100 percent. But the appro­ course, is the turf, the dominion, and Mr. PEPPER. This bill was notre­ priation that is authorized is $17 mil­ the area under the direct and despotic ported by May 15, 1980, and the intro­ lion. As believed by the administration control of Castro and communism, duced bill contains and authorization and many of the supporters of the bill, aided and abetted, of course, at an for fiscal year 1981. it is in the national interest that we upper level by the Russian Govern­ Mr. MITCHELL of Maryland. That have this institution, and we think the ment. was the only waiver? advantage to be derived will greatly The people of Cuba are not being Mr. PEPPER. We had to waive that exceed the $17 million that will be in­ told what is happening to their econo­ requirement of the Budget Act. volved in this expenditure. my or what is happening to their agri­ Mr. MITCHELL of Maryland. That Mr. SMITH of Iowa. Mr. Speaker, culture and that information is so vi­ was the only waiver? will the gentleman yield to me? tally important to them. They are not Mr. PEPPER. As far as I know, that Mr. PEPPER. I yield to the gentle­ told about how their sons are being was the only budget waiver. man from Iowa. sent to serve Russian military and po­ Mr. MITCHELL of Maryland. Mr. litical purposes to many nations of the Speaker, I thank the gentleman very 0 1320 world. The sons of Cuban mothers are much. Mr. SMITH of Iowa. I would say to dying upon foreign soil, not to defend I was concerned that we would find a my very good friend from Florida, Cuba, their homeland and all that way to waive a rule so that we can however, maybe one of the reasons they hold dear, but to perpetuate the spend some more money when at the they do not need the authority to dominion and the imperialistic control same time we are ruthlessly trying to exceed the budget in 1982 so much is that is aspired to by the Soviet Gov­ cut funds that attack social problems. that the military is already building ernment. Mr. PEPPER. Mr. Speaker, I would the facility and moving a transmitter We are telling them that the people not want the gentleman not to be fully in, so they have taken care of part of informed. their problem through military appro­ of the United States want to be their What we do also is we do waive the friends. They have been our friends priations. That might be one reason rule against inclusion of appropriation they do not need it quite so badly. for a long time. We gave them free­ in an authorization bill, because we do dom, sacrificing American blood and Mr. MITCHELL of Maryland. Even propose to allow the institution that before this body has acted on the leg­ treasure to do so, and we set an exam­ runs this Radio Marti to make grants ple when we liberated them. In spite and payments and to use reimburse­ islation? of the fact that we had a treaty that ments received from other agencies Mr. SMITH of Iowa. Even before the bound them to us for a much longer that are proper and relevant in a case body has acted. time, we liberated them to their own like this and when it is for the ad­ Mr. MITCHELL of Maryland. It as­ freedom to enjoy for themselves. vancement of the program. sumes we are going to just roll over So they know that we have been In this case there would be an in­ and play dead? their friends. We are simply telling stance of an appropriation of money Mr. SMITH of Iowa. And the mili­ them that if they would get rid of in a way that does not go through the tary will take care of it. these communistic dictators and if Appropriations Committee. That is a I wonder, my good friend, you say they will throw off the Russian yoke relatively small amount, but that is that you are going to tell the Cuban and become the people of Cuba again why the waiver is needed. people to "throw off the yoke." Does with their own free government and Mr. MITCHELL of Maryland. Mr. that mean that if there is another Bay their own democratic institutions, Speaker, I thank the gentleman. of Pigs that we are going to send in America is still their friend and will Mr. PEPPER. There was one other troops and help them? gladly work with them and help them question about the Budget Act viola­ Mr. PEPPER. I do not understand in every way we can to enjoy the high­ tion. We waived the Budget Act, but as the purport of the gentleman's ques­ est potential of which they are capa­ I mentioned in my statement, the dis­ tion. ble. tinguished Committee on Foreign Af­ Mr. SMITH of Iowa. The gentleman So this institution will try to tell fairs has agreed to offer an amend­ in his statement said that we are going those people the truth instead of the ment on the floor to make this effec­ to tell, through Radio Marti the lies which they are fed now by Cuban tive only for fiscal year 1983 so that Cuban people to "throw off the yoke communistic and Russian propaganda. the Budget Act violation would be and to free themselves." Does that Mr. Speaker, this bill will authorize cured. mean that if we have another Bay of the consideration of a very meritorious Mr. MITCHELL of Maryland. Mr. Pigs this time that we will send in measure. I hope the rule will be speed­ Speaker, I thank the gentleman. troops to help them? What are we ily adopted and the measure favorably The intent, of course, is laudable, going to do to help them throw off the considered by this House. and I generally support rules. I think yoke the next time? Mr. MITCHELL of Maryland. Mr. bills ought to be heard on the floor. Mr. PEPPER. I would rather not Speaker, will the gentleman yield? But I swear it is awfully difficult for speculate about a contingency like Mr. PEPPER. I am glad to yield to me to understand, when we are slash­ that. I will allow my friend to form his the distinguished gentleman from ing away at medicare, medicaid, and own judgment. Maryland. everything else and creating a poten­ Mr. TAYLOR. Mr. Speaker, I yield Mr. MITCHELL of Maryland. Mr. tial internal danger for this Nation by myself such time as I may require. Speaker, I thank the gentleman for alienating a whole lot of people, why Mr. Speaker, House Resolution 529 yielding. we have to spend money on this. I is an open rule under which the House 17822 CONGRESSIONAL RECORD-HOUSE July 23, 1982 will consider the President's proposal ing effort abroad in more than a half Mr. HARKIN. I yield to the gentle­ for a new radio station to broadcast to dozen languages and Indian dialects. man from Florida. Cuba as part of the administration's U.S. commercial broadcasts which Mr. FASCELL. I do not think, since effort to counter Cuban and Soviet in­ can be received in Cuba are sporadic, the gentleman is opposed to the bill, fluence in Central America. most are not in Spanish, and not one he wou1d want to vote against that This ru1e waives section 402 of is directed specifically to the CUbans amendment, because the amendment the Budget Act against our consider­ on the island. Existing service provid­ takes out the 1982 authorization and ation of the legislation, H.R. 5427. ed by the Voice of America is limited, makes it just for 1983. That is not only This waiver is necessary because the moreover, in time and scope: less than within the budget, but it is not even Committee on Foreign Affairs did not 6 hours a day in Spanish is designated an add-on to the budget. So I do not report the bill prior to May 15, 1981. for all of Latin America. No single pro­ think the gentleman wou1d want to The waiver is supported by the Com­ gram is tailored to the interests of vote against that amendment. mittee on the Budget, because the Cuban audiences. Mr. HARKIN. You want me to vote Foreign Affairs Committee intends to U.S. radio broadcasts to CUba from for it? offer a floor amendment curing the Radio Marti will provide what wou1d Mr. FASCELL. I think you shou1d, if Budget Act problem. be essentially a CUban domestic radio you are going to be consistent with The ru1e makes in order a Foreign service, complementing the Voice of your position. Affairs Committee substitute as an America which gives world news. Mr. HARKIN. We all ought to vote original bill for the purpose of amend­ Radio Marti wou1d provide the truth for it, right? ment under the 5-minute ru1e, and so desperately sought by the captive Mr. FASCELL. Right. I think every­ waives clause 5 of ru1e XXI against people of CUba. body shou1d vote for that amendment. our consideration of the substitute. Radio Marti is a bargain proposition. Mr. HARKIN. But no one ought to This waiver is necessary because cer­ The $10 million sought for the first vote for the bill, which I started to say tain portions of the Foreign Affairs fiscal year wou1d be a small price to ought to be retitled, "Dr. Strangelove Committee substitute may constitute pay for the gift of truth to the Cuban Act of 1982." The reason I say that is appropriations in a legislative bill. people. A small price indeed to pay for because I have information, verifiable Last, Mr. Speaker, the ru1e divides weapons of words rather than the information, and I will name the the time for general debate between vastly more costly weapons of war. names next week, of individuals who the Committee on Foreign Affairs and The administration has asked for made the following statements: the Committee on Energy and Com­ Radio Marti as one aspect of its policy There was an individual in the De­ merce, which will offer a committee of containment of Fidel Castro. The fense Department who said that this is amendment. beleaguered CUban people will appre­ "an international game of chicken and The legislation this ru1e makes in ciate our providing them with true and the United States will not blink." order, H.R. 5427, authorizes appropria­ accurate information. We, in turn, rely With Radio Marti the United States tions of $10 million in fiscal 1982 and on the value of truth in the ideological will be "drawing a line across which $7.7 million in 1983 for a U.S.-based struggle forced upon us. Truth is one Castro will know he cannot step with­ radio broadcasting station which will of our most potent and important out paying for it." broadcast to Cuba. Under the amend­ weapons. Let us use it. Or how about this one: CUban inter­ ment to be offered by the Committee The radio broadcasts would also help ference with Radio Marti wou1d be a on Foreign Affairs designed to correct project U.S. policy in the Caribbean. A violation of international law, and the the Budget Act problem, the authori­ clear U.S. policy in America's backyard United States wou1d then have legal zation will become $17.7 million for strengthens U.S. credibility in the face justification for going in and "surgical­ 1983. of Soviet encroachment in Latin ly removing'' their transmitters. Mr. Speaker, the legislation is fairly America. controversial, because some Members How about this one: Someone who do not support the administration's I urge the House to adopt the ru1e. helped the administration plan Radio foreign policy efforts in this area. Mr. PEPPER. Mr. Speaker, I yield 5 Marti from the very beginning, not Let me just say, the station is de­ minutes to the gentleman from Iowa connected with either the Defense or signed to provide the Cuban people (Mr.IIARKIN). the State Department, said that if with information they cannot get Mr. HARKIN. Mr. Speaker, while I CUba elects to jam Radio Marti it under their repressive regime headed do not oppose the ru1e, since it is an wou1d be "an act of war." Also, that a by Castro. open ru1e, I do oppose the fact that radio station in Iowa that wou1d be af­ Mr. Speaker, there was not much the budget was waived, that points of fected by this ought to be proud to be controversy about this ru1e in the order on the budget were waived. I on the front lines of finally putting Committee on Rules, and I urge its really believe that what we have "Castro in his place." adoption. before us ought to be retitled, and the I know there are some well-meaning Mr. Speaker, I yield 2 minutes to the new title ought to be "The Dr. individuals in this body. I do not ques­ gentleman from Illinois D'Amours gress? very strong support of this bill and the Andrews Broyhill Daniel, Dan Mr. SMITH of Iowa. That is what it rule that is presently before the Annunzlo Byron Daniel, R. W. amounts to. House. Anthony Campbell Dannemeyer We have heard a great deal of talk Archer Carman Daschle Mr. TAUKE. Mr. Speaker, will the Ashbrook Carney delaGarza gentleman yield? in this House today with regard to the Aspin Chappell Deckard Mr. SMITH of Iowa. I yield to the question of whether we were over­ Bailey Cheney Derrick gentleman from Iowa. reaching, the question of the value of Benedict Clausen Derwlnski I Benjamin Clinger Dickinson Mr. TAUKE. I thank the gentleman such a station. Well, think what we Bennett Coats Dicks for yielding. are talking about is the value of truth. Bereuter Coleman Dlngell I hesitate to ask the gentleman to We have talked to many of the refu­ Bethune Colllns Dixon gees who have come into this country Bevill Conable Dougherty give up his time. I do think that the Bingham Conte Dreier point he made about the interference just recently and found that they did Blanchard Corcoran Duncan of the military in this project is criti­ not even know about the adventurism Bllley Coughlin Dyson cally important. of Castro in Africa. They have no idea Bonker Courter Eckart 17828 CONGRESSIONAL RECORD-HOUSE July 23, 1982 Edwards LaFalce Ritter Dunn Jeffords Railsback £Roll No. 213] Emerson Lagomarsino Roberts Dwyer Jones Reuss English Lantos Roberts Dymally Kennelly Rhodes YEAS-239 Erdahl Latta Robinson Early Kindness Richmond Akaka Frost Evans LeBoutllller Obey Rodino Edgar Kramer Rostenkowski Alexander Garcia Panetta Fary Lee Roe Edwards Leath Roukema Anderson Gaydos Fascell Lehman Parris Roemer Emery Levitas Rousselot Andrews Gephardt Pashayan Ferraro Lent Rogers Erlenborn Long Rudd Annunzio Gibbons Patman Fiedler Lewis Rose Ertel Lundine Santini Anthony Gilman Fields Livingston Patterson Rosenthal Evans Madigan Savage Archer Gingrich Paul Flippo Loeffler Roth Evans !4arks Shumway Ashbrook Glickman Foglietta Long Pease Roybal Fazio Marlenee Shuster Aspin Gonzalez Pepper Foley Lott RlJSSO Fenwick Marriott Siljander AuCoin Gore Petri Ford Lowery Sawyer Findley Martin Simon Bailey CPA> Gradison Forsythe Lowry Pickle Scheuer Fish Mavroules Skelton Bedell Green Price Fountain Lujan Schneider Fithian McClory Smith Benedict Fowler Luken Grisham Rangel Schroeder Florio McCloskey Smith Benjamin Guarini Frank Lungren Ratchford Schulze Ford McEwen Solomon Bennett Gunderson Regula Frenzel !4arkey Sensenbrenner Fuqua McKinney StGermain Bereuter Hagedorn Frost !4artin Shamansky Rinaldo GeJdenson Mitchell Stanton Bethune Hansen Ritter Garcia !4artin Shannon Ginn Moakley Studds Bevill Hansen Roberts Gaydos !4artinez Sharp Goldwater Moffett Stump Bingham Hettel Gephardt !4atsui Shaw Gray Roberts Mollohan Thomas Blanchard Hendon Robinson Gibbons !4attox Shelby Gregg Montgomery Trible Bllley Hightower Gilman Mazzoli Skeen Rodino Hall Mottl Watkins Boner Holland Roe Gingrich McCollum Smith Hall, Ralph Murtha Weber Bonker Holt Glickman McCurdy Roemer Smith Hall, Sam Myers White Brinkley Howard Rogers Goodling McDade Smith Hamilton Napier Whitehurst Brooks Hoyer Rose Gore McDonald Snowe Harkin Nelson WUliams Brown Huckaby Gradison McGrath Snyder Rosenthal Hatcher Nichols Wilson Broyhlll Hunter Roth Gramm McHugh Solarz Hefner O'Brien Wolpe Butler Hutto Green Mica Spence Roybal Hertel Oakar Wyden Byron Jacobs Russo Grisham Michel Stangeland Hollenbeck Oxley Yatron Campbell Guarini Mikulski Jones Sawyer Stark Hopkins Peyser Young Carman Kastenmeier Gunderson Miller Staton Hubbard Scheuer Pritchard Young Carney Kazen Schneider Hagedorn Mineta Stenholm Hughes Pursell zeferetti Cheney Kemp Hammerschmidt Minish Stratton Hyde Schroeder Quillen Clinger Kildee Schulze Hance Molinari Swift Ireland Rahall Coats LaFalce Hansen Moore Synar Schumer Coleman Lagomarsino Sensenbrenner Hansen Moorhead Tauzin 0 1400 Coillns Lantos Hartnett Morrison Taylor Shamansky Conable Latta Shannon Hawkins Murphy Traxler The Clerk announced the following Conte Leach Heckler Natcher Shaw Udall pairs: Corcoran Lee Shelby Heftel Neal VanderJagt Coughlin Lehman Hendon Nelligan Vento Skeen On this vote: Courter Leland Smith Hightower Nowak Volkmer Coyne, WUliam Lent Hller Oberstar Walgren Mr. Nelson for, with Mr. Dellums against. Smith Crane,Phllip Lewis Smith Hillis Obey Walker Mr. Florio for, with Mr. Bonior of Michi- Daniel,R. W. Livingston Holland Ottinger Wampler Smith gan against. Dannemeyer Loeffler Snyder Holt Panetta Waxman Daschle Long Horton Parris Mrs. Boggs for, with Mrs. Collins of Dli­ Solarz Weaver Daub Lowery Spence Howard ~hayan nois against. Weber de laGan& Lowry Stangeland Hoyer Patman Whitley Deckard Lujan Huckaby Patterson Whittaker So the resolution was agreed to. Stark Derrick Luken Staton Hunter Paul Whitten The result of the vote was an­ Dickinson Lungren Hutto Pease Stenholm WUliams Dicks Markey Stratton Jacobs Pepper Winn nounced as above recorded. Djngell Martin Swift Jeffries Perkins Wirth A motion to reconsider was laid on Dixon Jenkins Petri !4artin Tau.ke Wolf the table. Dougherty !4artinez Tauzin Johnston Pickle Wortley Downey Matsui Taylor Jones Porter Mr. FASCELL. Mr. Speaker, I move Wright Dreier Mattox Traxler Jones Price Wylie that the House resolve itself into the Duncan Mazzoli Udall Kazen Ratchford Yates Dyson McCollum Kemp Regula Committee of the Whole House on the VanderJagt Zablocki State of the Union for the consider­ Eckart McCurdy Vento Kogovsek Rinaldo Edwards McDade ation of the bill to author­ Volkmer NOES-22 Edwards McDonald Walgren ize support to Radio Broadcasting to English McGrath Walker Bedell Leach Smith CIA> CUba, Inc. Erdahl McHugh Washington Boner Leland Stokes Evans Mica Waxman Daub Miller Tauke The SPEAKER pro tempore. The Fary Michel Weaver Downey Mitchell Washington question is on the motion offered bi' Fascell Mikulski Weber Edwards Rangel Weiss Fenwick Miller Sabo Young(AK) the gentleman from Florida Flippo Moore Winn ANSWERED "PRESENT"-1 Speaker pro tempore announced that Foglietta Moorhead Wirth Gonzalez the ayes appeared to have it. Foley Murphy Wolf Mr. JOHNSTON. Mr. Speaker, I Ford Natcher Wright NOT VOTING-157 Forsythe Neal Wylie object to the vote on the ground that Fountain Nelligan Yates Boillng Addabbo Clay a quorum is not present and make the Fowler Nowak Zablocki Albosta Bonior Coelho Franlt Oberstar Applegate Bouquard Coillns point of order that a quorum is not Atkinson Bowen Conyers present. NAYS-8 AuCoin Breaux Coyne, James Badham Brodhead craig The SPEAKER pro tempore. Evi­ Emerson Miller Wortley Bafalis Broomfield Crane, Daniel dently a quorum is not present. Evans Sabo Young Johnston Seiberling Bailey Brown Crockett The Sergeant at Arms will notify Barnard Brown Davis ANSWERED "PRESENT''-1 Barnes Burgener Dellurns absent Members. Beard Burton, John DeNardis The vote was taken by electronic ottinger Bellenson Burton, Phillip Donnelly Biaggl Butler Dorgan device, and there were-yeas 239, nays NOT VOTING-186 Boggs Chapple Dornan 8, answered "present" 1, not voting Addabbo Applegate Badham Boland Chisholm Dowdy 186, as follows: Albosta Atkinson Bafalis July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17829 Bailey Fuqua Montgomery 0 1430 Barnard Gejdenson Morrison United States currently provide the Barnes Ginn Mottl Mr. FASCELL. Mr. Chairman, I basic human right of greedom of infor­ Beard Goldwater Murtha yield myself such time as I may con­ mation to the peoples of the Commu­ Betlenson Goodling Myers nist bloc nations of Eastern Europe as Biaggi Gramm Napier sume. Boggs Gray Nelson Mr. Chairman, as we all know, the well as the people of the Soviet Union Boland Gregg Nichols House will adjourn at 3 o'clock. and through the broadcasts of Radio Free Bolling Hall O'Brien Europe and Radio Liberty. no such Bonior Hall, Ralph Oakar the Committee will rise at that time. Bouquard Hall, Sam Oxley When we are in the House, I will re­ broadcasting service is provided the Bowen Hamilton Perkins quest unanimous consent for all Mem­ people of Cuba who also live in a Breaux Hammerschmidt Peyser closed society. Their right to know is Brodhead Hance Porter bers to revise and extend their re­ Broomfield Harkin Pritchard marks in general debate on this confirmed in the Universal Declara­ Brown Hartnett Pursell matter. And in order to get the bill tion of Human Rights. The value of Brown Hatcher Quillen presented and to have both propo­ such broadcasts has been well tested Burgener Hawkins Rahall Burton, John Heckler Railsback nents and opponents make their pres­ over time, most recently during the Burton, Phillip Hefner Reuss entation here today, and perhaps con­ ongoing crisis in Poland. The people of Chappell Hertel Rhodes serve some time for the rest of the Cuba have an equal right to know. Chapple Htler Richmond Chisholm Hillis Rostenkowski Members. I will just briefly do that Aside from our demonstrated commit­ Clausen Hollenbeck Roukema and submit my remarks for the ment to the free flow of information Clay Hopkins Rousselot RECORD. worldwide, that island presents a na­ Coelho Horton Rudd The purpose of the legislation, of tional security interest that we cannot Collins Hubbard Santini Conyers Hughes Savage course, is to increase the broadcasting ignore. Coyne, James Hyde Sharp capabilities of the United States. De­ This bill would amend the Board for Craig Ireland Shumway spite all of the issues that have been Crane, Daniel Jeffords Shuster International Broadcasting Act to Crockett Jeffries Stljander raised in the discussion on the rule, state that the United States supports D'Amours Jenkins Simon suffice it to say that I think there are the right of the CUban people to seek. Daniel, Dan Jones Skelton clear and sensible responses to all of receive, and impart information and Davis Jones Smith those issues, and we will address those, Dellums Kennelly Smith ideas through any media regardless of DeNardis Kindness Snowe each one, in the course of the amend­ frontiers. The Bm, the parent organi­ Derwinski Kogovsek Solomon ment process under the 5-minute rule. zation for RFE/RL. Inc.. is uniquely Donnelly Kramer St Germain There is, as usual, more than one side Dorgan Leath Stanton capable of producing a similar indige­ Dornan LeBoutillier Stokes to this issue. There are more than two. nous broadcast service for the people Dowdy Levitas Studds There are probably three or four. So I of CUba. Dunn Long Stump would not want my colleagues who are Perhaps more importantly, this bill Dwyer Lott Synar listening in on this or watching it to be Dymally Lundine Thomas provides an opportunity for us to Early Madigan Trible overly consumed by the crocodile tears expand and improve America's public Edgar Marks Wampler that they have heard so far. There is a Marlenee Watkins diplomacy activities. To ignore this op­ Edwards need here. The need is clear. And we portunity to radio the truth to the Emery Marriott Weber Mr. Erlenborn Martin Weiss will address that, Chairman, and I CUban people is to abdicate our re­ Ertel Mavroules White would hope that our colleagues would sponsibility and to surrender our in­ Evans McClory Whitehurst approach the matter, as they usually Evans McCloskey Williams do, in a very responsible, openminded tegrity to the diet of anti-American Fazio McEwen Wtlson sentiments fed to the CUban people by Findley McKinney Wolpe way. We will have ample opportunity CUba and the Soviet Union. The Fish Mitchell Wyden to discuss many amendments, some Fithian Mitchell Yatron United States has a message to deliver frivolous, some humorous, some ridicu­ to Florio Moak.ley Young and, hopefully, they will all be and the way deliver it is through Ford Moffett Young lous, public diplomacy. Frenzel Mollohan Zeferetti disposed of under the 5-minute rule. Mr. Chairman, I rise in support of Public diplomacy is not a propagan­ D 1420 H.R. 5427. legislation to authorize sup­ da effort. It is news. It is objective re­ So the motion was agreed to. port to Radio Broadcasting to CUba. porting. It is a major element of the The result of the vote was an­ The purpose of this legislation is to in­ nitty-gritty operations of a modern nounced as above recorded. crease the broadcasting capabilities of foreign policy which seeks to strength­ IN THE CO.MMITTEE OF THE WHOLE the United States in the Caribbean by en mutual understanding among peo­ Accordingly the House resolved establishing a new broadcast service to ples through communication and edu­ itself into the Committee of the be called Radio Marti. In particular, cational programs. It is diplomacy that Whole House on the State of the this enhanced international broadcast may be practiced, not just between Union for the consideration of the bill, capability would allow the United diplomats in foreign offices, but in H.R. 5427, with Mr. RATCHFORD in the States to provide accurate, up-to-date people-to-people contact which can chair. and uncensored news and information offset the huge, tightly controlled, and The Clerk read the title of the bill. to the people of Cuba regarding pointed broadcast efforts of the Sovi­ The CHAffiMAN. Pursuant to the Cuban activities at home and abroad. ets. rule, the first reading of the bill is dis­ The bill also provides discretionary au­ The Soviets spend millions on a pensed with. thority to provide compensation to broadcasting effort which includes Under the rule, the gentleman from U.S. broadcasters for expenses they broadcasts of Radio Moscow twice a Florida (Mr. FASCELL) will be recog­ might incur in mitigating the effects day. They currently outspend us about nized for 15 minutes; the gentleman of CUban interference on domestic 7 to 1 in their broadcasting and infor­ from California (Mr. LAGOMARSINO) U.S. broadcasts. mation efforts around the world. The will be recognized for 15 minutes; the The need for such a service is clear. United States currently broadcasts gentleman from Colorado (Mr. WmTH) CUba is a nation located just 90 miles through the Voice of America fewer will be recognized for 15 minutes; and off the coast of the United States, yet than 6 hours a day in Spanish lan­ the gentleman from New Jersey and Radio Liberty behind the go on the air. most serious interference has been di­ Iron CUrtain. Long before Radio Marti, in the mid- This concept of Radio Marti is based on 1960's, the Castro government embarked on rected against my own Florida broad­ the right of the people of Cuba "to seek. re­ a program to redesign its domestic AM casters, yet they support the creation ceive, and impart information and ideas broadcasting system and to initiate broad­ of Radio Marti. through any media and regardless of fron­ casting directed toward the United States Radio Marti seems at least to have tiers," in accordance with Article 19 of the and other neighboring countries. New brought the interference problem into Universal Declaration of Human Rights. CUban plans to increase significantly the focus and has lifted it to a level where Nonetheless, opponents of the measure number and power of its AM radio stations it can be discussed seriously. Whether have raised a number of questions. to meet both internal and external require­ or not Radio Marti broadcasts to Some have questioned why an AM fre­ ments were announced in 1979 as part of a quency has been proposed for Radio Marti. five-year plan and were submitted to the Cuba, the Cubans have been interfer­ The answer is that AM receivers are International Frequency Registration Board ing with and will continue to interfere common in Cuba some 2.12 million receivers in May 1980. Where Cuban's plans to be im­ with U.S. domestic broadcasting ef­ at last estimate. Shortwave receivers are plemented, its stations would cause greatly forts if their participation in the last not. Cuba does not use shortwave broadcast­ increased interference with U.S. broadcast­ regional broadcasting conference is ing domestically, so the average CUban does ers. Cuba's broadcasting plans were made any indication. We have seen no evi­ not need to own one. Furthermore, since the known well before our announcement in dence that Cuba plans to sign the re­ Revolution. shortwave sets have been very September 1981 that we intended to estab­ gional broadcasting agreement drafted difficult to acquire. Shortwave broadcasts lish Radio Marti. The problem of increasing in Brazil last November. On the con­ would thus probably reach only the polltlcal CUban interference is a separate and dis­ elite. Whlle the International Radio Regula­ tinct issue which will remain whether Radio trary, the Cubans walked out of that tions state that "in principle" the AM band Marti goes on the air or not. conference before an agreement was is for domestic service, in practice it is well The question of how Cuba would react to reached. Instead, Cuba is going ahead established that this band is also used for Radio Marti is unanswerable at this time, with its plan to build, among others, international broadcaattna. The BBC, although logic and technology dictate three two 500 kilowatt transmitters which Deutsche Welle , Radio possibilities: would by far surpass the power needs Free Europe, Voice of America, Radio 1. CUba may take no action at all. The of Castro's island. These plans were Moscow and Radio Havana all use the AM Voice of America has been broadcasting to band in addition to shortwave for their CUba for more than 21 years and Cuba has formulated long before legislation for international broadcasts. not seriously tried to Jam or interfere with Radio Marti was ever drafted. There is Another question concerns the reason for these broadcasts. no reason to believe that Castro will the $10 million authoi1zation for the radio. 2. Cuba may seek to prevent Radio Marti's lose interest in constructing these The cost of Radio Marti is not "gold signals from reaching its Cuban audience. transmitters or in broadcasting to the plated," as has been charged, and cannot be In this case, Jamming by low-powered trans­ United States if Radio Marti is not au­ compared to the cost of establishing a com­ mitters would be targeted to the island of thorized and established. mercial station for domestic broadcasting. CUba, that is, to the Cuban radio receivers, The solution to the problem of The closer analogy Ues with Radio Free and would have no appreciable effect on Cuban interference lies not in Radio Europe and Radio Liberty. Radio Marti's U.S. broadcasters, including those using the costs include not only expensive four-tower same frequency as Radio Marti. It also Marti, but in bringing CUba to the directional antennas but also high person­ would not prevent reception of Radio Marti international bargaining table and nel and admtnistrative costs related to its in Cuba. making it a responsible member of the inique research and proeram development 3. Cuba may try counterbroadcasting, hemisphere in the areas of interna- requirements. These include Spanish Ian- similar to its "Radio Dixle" broadcasts of July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17831 the 1960's appealing to minorities in the Broadcasting to Cuba Act as it was re­ Mr. ZABLOCKI. Mr. Chairman, I United States. However, Cuban intentions ported by the Foreign Affairs and rise in support of H.R. 5427, providing to broadcast with high power on 1040 kHz Energy and Commerce Committees. for the broadcasting of accurate infor­ and 1160kHz predate Radio Marti and are not in reprisal for Radio Marti. In fact, This bill constitute a very important mation to the people of Cuba, as Cuba chose 1040 kHz as a broadcast fre­ element of the U.S. foreign policy amended. quency, in contravention of the old North toward Cuba and is completely consist­ At the outset, I would like to com­ American Regional Broadcasting Agree­ ent with the realities of Cuban-Ameri­ mend the gentleman from Florida ment, of which Cuba was a signatory, before can relations at present time. , Radio Free 1979 as part of a 5-year plan and were losing the battle of ideas and that we Europe, Voice of America, Radio submitted to the International Fre­ are not doing what we should to Moscow and Radio Havana all use the quency Registration Board in May counter the Soviet Union. Unfortu­ AM band in addition to shortwave for 1980. Were Cuba's plans to be imple­ nately, although we clearly have the their international broadcasts. mented, its stations would cause great- best of the argument, that is not being July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17833 made known to the world, and espe­ As long as that remains true, the U.S. Gov­ this legislation relates very strongly to cially to Cuba. Radio Marti will be an ernment has a right-even a duty-to fill the devastating impact that the estab­ important element in the battle of the void by broadcasting to Mr. Castro's lishment of Radio Marti would have ideas. captives. on American broadcasters and the I urge my colleagues to support H.R. Mr. LAGOMARSINO. Mr. Chair­ radio listening public. 5427. man, I yield such time as he may con­ There are a variety of concerns that Mr. Chairman, I yield such time as sume to the gentleman from Wiscon­ are very, very serious in this, related he may consume to the gentleman sin (Mr. RoTH). to a rampant cold war mentality that from New York (Mr. GrLllrtAN). Mr. ROTH. Mr. Chairman, I rise in exists, and is irrelevant in 1982. very strong support of this legislation. Mr. GILMAN. Mr. Chairman, I rise Mr. Chairman, I rise in opposition to in support of H.R. 5427 to provide for Mr. Chairman, the most powerful force in the world is still "what people the bill. As chairman of the Telecom­ the broadcasting of accurate informa­ munications Subcommittee my initial tion to the people of Cuba and for think." But because it is an intangible it is more difficult for some to appreci­ concern over this legislation related to other purposes. the devastating impact the establish­ As in other Communist countries ate this concept. Therefore, we spend billions on physical hardware for mili­ ment of Radio Marti would have on around the world, the people of Cuba American broadcasters and the radio have for more then 20 years been tary defense but peanuts on the most important tool in our arsenal, the listening public. After referral of this denied access to an uncensored view of bill to my subcommittee and consider­ their country and the world. They are ideas of hope and democracy. For more than 22 years the Cuban ation of it by the full Energy and a captive target of state controlled dis­ Commerce Committee, I remain con­ semination of information. Between people have lived in a police state. They have been denied access to infor­ vinced that the "Radio Broadcasting Radio Moscow and the other Cuban to Cuba Act" represents an ill-con­ domestic programs, they have been mation, and have been subjected to in­ tentionally distorted and false infor­ ceived proposal which is likely to have subjected to a constant barrage of pro­ extremely harmful consequences to Soviet, anti-American propaganda mation. The security of many nations is threatened seriously by Cuban ac­ American broadcasters and their audi­ with little or no knowledge of their ences. own Government's exploits. tivities. Radio Marti will be informing The truth is a precious commodity the Cuban people of this fact. It will The Energy and Commerce Commit­ for all people. In Europe we have all attempt to counteract the propoganda tee's jurisdiction over this bill is limit­ seen the important role that Radio dumped on the Cuban people by tell­ ed to the issues involving interference Free Europe has played giving hope to ing them the truth. It is the Cuban caused by the inevitable Cuban retal­ the millions behind the Iron Curtain. people's right to know what their Gov­ iation to Radio Marti's operation. Our Most recently we saw how important ernment is doing not only to them, but committee adopted an amendment RFE was to the Polish people as a to millions of others. which gives domestic broadcasters shining light in the darkness of Soviet­ Radio Marti will carry news about some very limited protection against dominated official Communist media. Cuba to Cuba. This would provide a this threat. However, it is my firm The establishment of Radio Marti balance to the current broadcasting it belief that if Radio Marti becomes will help provide a type of domestic now receives by Radio Moscow, which operational along the lines proposed radio service for Cuba that comple­ is the only international radio service by the administration, there is no way ments the Voice of America. As the with special programming targeted to our broadcast industry and the public VOA focuses on world news and the Cuba. it serves can be properly protected U.S. official views of those events, A consulting firm surveyed Cubans against the Cuban interference which Radio Free Europe, Radio Liberty, and who fled their home country and the will ensue. Moreover, beyond these now Radio Marti will provide uncen­ results showed the people still living in issues related to the integrity of the sored news on the domestic events of Cuba want and need to know the truth Nation's broadcast system, I have an­ the nations they serve. about what is going on in their coun­ other grave concern with this legisla­ In the mission statement of the try. It would be much wiser to spend tion. To state it as plain and simply as Board for International Broadcasting dollars informing Cuban people of the possible-Radio Marti is a waste of the which oversees the operation of Radio truth than having to spend those same taxpayer's dollar-it is a facility which Free Europe, it describes what such dollars on military aid to counteract is totally unnecessary in order that its radio stations are designed to do and the misconceptions and propaganda purported foreign policy objective be not to do. Likewise, Radio Marti will the Cubans now receive. The Cuban met. "seek to create neither 'American people deserve the truth. Radio Marti The proponents of this legislation Radio,' in the narrow national sense, will tell the truth. argue that it is purely speculative nor 'exile radio,' sense of organized po­ Mr. LAGOMARSINO. Mr. Chair­ whether the Cuban Government will litical opposition, but an international man, I yield such time as he may con­ retaliate against Radio Marti broad­ radio. It is international in the sume to the gentleman from Iowa : the piece of legislation before us. only would this render Radio Marti There is no freedom of expression in I rise in opposition to the bill. useless but would wreak havoc with Cuba. The flow of information is tightly As chairman of the Telecommunica­ our own airwaves. Such Cuban coun­ controlled by the Communist dictatorship. tions Subcommittee, my concern over termeasures could also take the form 17834 CONGRESSIONAL RECORD-HOUSE July 23, 1982 of counterbroadcasting propaganda to casters, but further urge them to join tration has cut funding for public the United States, jamming Radio with me in opposition to this legisla­ broadcasting to the bone, it proposes Marti's broadcasts, constructing a tion. to spend $17.7 million for radio broad­ high-powered transmitter on Radio [From the New York Times, July 23,19821 casting that may never reach the Marti's frequency, or simply exacer­ RADIO WAR WITH CUBA Cuban people due to the very real pos­ bating interference problems in gener­ One can imagine how indignant Ronald sibility that the Cuban Government al. In fact, if Radio Marti incites the Reagan would be if a Democratic Admlnis­ will jam Radio Marti's signals. This Cubans into moving ahead with the tration spent money it didn't have to create jamming could disrupt broadcasts frequency shifts and new station in­ a superfluous propaganda station, all to pla­ emanating from over 200 U.S. radio ventory it proposed last fall, over 200 cate an ideological claque. That pretty well stations in 32 States. AM radio stations in 32 States and the describes his Admlnistration's determina­ tion to establish Radio Marti, to broadcast The impacts of Radio Marti on the District of Columbia would suffer sig­ domestic radio industry were not even nificant interference. Such counter­ to Cuba. The Navy says it is already build­ ing four 250-foot antennas in Key West, publicly aired until after the proposal measures would literally devastate the even before Congress has voted a dime for was submitted to the Congress. But U.S. broadcast industry and cost this objectionable and extravagant project. these impacts are of little concern to broadcasters millions of dollars to About the only argument for the station the administration, which views this overcome. is that Fidel Castro is threatening a radio project as a game of chicken with There can be no doubt that Cuba is counterattack if Radio Marti is built. Cuba Fidel Castro. The product of this rigid­ an international telecommunications could send signals that would interfere with broadcasts of 200 AM stations in 32 states. ly ideological cold war mentality is a "renegade" that has no intention of project with speculative benefits at abiding by international agreements in No one would want to appear to yield to such Castro bluster. best and serious adverse domestic con­ this area, and, thus, Radio Marti is sequences at worst. nothing more than needless provoca­ But that aside, what affirmative reasons are there to build the station? Does the While the stated Goal of Radio tion. CUba is already operating a high White House really believe that Cubans powered station that is causing inter­ Marti is laudable, the numerous prob­ need special propaganda to expose the lems surrounding the cost effective­ ference as far away as Salt Lake City lapses of Communism? In truth, what has and which the Cuban Government most unsettled Mr. Castro's tyranny are the ness, technical feasibility, and socio­ states is intended as retaliation against stories told by more than 100,000 visiting political impacts of Radio Marti Radio Marathon, the Voice of America exiles of their success in the United States. demand that this proposal be shelved. station already broadcasting into Perversely, in order to look tough on Cuba. These problems are identified in the the Reagan Admlnistration has made travel­ report of the Committee on Energy Cuba. I am extremely concerned that ing to Havana harder, not easier. in an effort to further this administra­ and Commerce and I urge the Mem­ The evident reason for starting Radio bers to read the committee's report tion's foreign policy objectives, Radio Marti is to appease Congressional right­ Marti could well lead to a radio war wingers and provide employment for loyal­ before voting on this bill next week. with Cuba-and its victims will not be ists like F. Clifford White, recently named Mr. Chairman, I ask unanimous con­ Fidel Castro's government, but rather, to head the station. Mr. White managed sent to have inserted in the RECORD at American broadcasters and radio lis­ Barry Goldwater's 1964 run for the Presi­ this point an editorial which appeared teners. dency and James Buckley's Conservative in today's New York Times that con­ Party Senate victory in New York in 1970. cisely describes the defects of Radio But this issue aside, there is simply Building antennas before Congress even no need for Radio Marti, and the pro­ Marti and its highly questionable for­ votes the $10-million "start-up" costs xnay eign policy justifications. posal represents a totally wasteful ex­ not be legal, and those masts may be usable penditure of Federal funds. This bill for defense. as the State Department Mr. Chairman, I urge the Members authorizes $17.7 million for Radio argues. But starting a radio war on Cuba to reject this legislation. The editorial Marti. The people of Cuba are already promises nothing more useful than static. follows: able to listen to the Voice of America's e Mr. DINGELL. Mr. Chairman, I rise [From the New York Times, July 23,19821 Radio Marathon, as well as to our own in opposition to H.R. 5427, the Radio RADIO WAR WITH CUBA commercial radio stations in south Broadcasting to Cuba Act. This legisla­ One can imagine how indignant Ronald Florida. What could possibly give the tion authorizes the establishment of Reagan would be if a Democratic Admlnis­ Cuban people a better sense of Ameri­ the administration's ill-co:1ceived tration spent money it didn't have to create can life and truthful news reporting Radio Marti project, which purported­ a superfluous propaganda station. all to pla­ than being able to tune into these ly would broadcast the truth to the cate an ideological claque. That pretty well commercial Spanish language sta­ Cuban people. describes his Admlnistration•s determina­ tions? I do not believe that the Gov­ tion to establish Radio Marti, to broadcast Mter having been reported by the to Cuba. The Navy says it is already build­ ernment should spend any money at Committee on Foreign Mfairs, this ing four 250-foot antennas in Key West. all for Radio Marti in light of the ad­ legislation was sequentially referred to even before Congress has voted a dime for ministration's proposed budget cuts in the Committee on Energy and Com­ this objectionable and extravagant project. funding for public broadcasting which merce for consideration of portions of About the only argument for the station bring news and information to the the legislation falling within the com­ is that Fidel Castro is threatening a radio American public. In fact, the adminis­ mittee's jurisdiction over telecom­ counterattack if Radio Marti is built. Cuba tration has recommended totally abol­ munications. The Commerce Commit­ could send signals that would interfere with ishing the very limited Federal pro­ tee adopted amendments designed to broadcasts of 20il AM stations in 32 states. No one would want to appear to yield to gram that provides assistance for the protect the integrity of the U.S. broad­ such Castro bluster. construction of public broadcasting casting system and the jurisdiction of But that aside, what affirmative reasons stations in parts of the country which the Federal Communications Commis­ are there to build the station? Does the are presently unable to receive public sion. However, the very operation of White House really believe that Cubans radio. This is extremely disturbing in Radio Marti on the AM band, as pro­ need special propaganda to expose the light of the administration's gold­ posed by the administration, poses a lapses of Communism? In truth, what has plated request for this project which serious threat of interference to the most unsettled Mr. Castro's tyranny are the seeks funding far in excess of the cost domestic radio broadcasting industry stories told by more than 100,000 visiting exiles of their success in the United States. of constructing such a facility. that could deprive the listening public Perversely, in order to look tough on Cuba, I urge my colleagues, at the very of valuable programing that is cur­ the Reagan Administration has made travel­ least, to join me in adopting the rently available. ing to Havana harder, not easier. Energy and Commerce Committee Radio Marti is a blatant example of The evident reason for starting Radio amendments which provide some lim­ this administration's skewed spending Marti is to appease Congressional right­ ited protection for American broad- priorities. At a time when the adminis- wingers and provide employment for loyal- July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17835 ists like F. Clifford White, recently named really concerned about countering signal interference or frequency dis­ to head the station. Mr. White managed Soviet influence in Havana, and placement. Our answer ought to be a Barry Goldwater's 1964 run for the Presi­ through Havana, in Latin America­ dency and James Buckley's Conservative resounding "No." Party Senate victory in New York in 1970. what we need is a rational foreign My third objection to Radio Marti Building antennas before Congress even policy that allows us the same diplo­ combines the first two. Radio Marti votes the $10-million "start-up" costs may matic relationship and communication broadcasts will not succeed in altering not be legal, and those masts may be usable with Cuba that we maintain with the the nature of the government in Cuba for defense, as the State Department Soviet Union and China. A new batch or the political deprivations or human argues. But starting a radio war on Cuba of anti-Castro radio broadcasts will rights problems which have befallen promises nothing more useful than static.e not only fail to improve the lot of the the CUban people because the broad­ Mr. WIRTH. Mr. Chairman, I yield Cuban people, it will make not only casts will not be heard in Cuba. Radio such time as he may consume to the fail to improve the lot of the CUban Marti will succeed in creating serious gentleman from Texas . people, it will make it even more diffi­ problems for U.S. broadcasters. And in Mr. LELAND. Mr. Chairman, I rise cult for some future and enlightened the process, we will allow the adminis­ in oppostition to this legislation. I administration to open lines of com­ tration to spend $18 million on this would ask that the record reflect that munication with CUba-communica­ boondoggle. That is $18 million that I be associated with the remarks of tion which will enhance our national will not be spent on school lunches or the gentleman from Colorado will assign a this country. their leader, who usurps their rights frequency for Radio Marti. This Radio Marti has to be on AM be­ and sends young CUbans to distant agency, which is a part of the Depart­ cause most Cubans have only AM countries to fight as mercenaries, and ment of Commerce, is charged with radios: They have virtually no access in many cases, to lose their lives. managing the Government's share of to shortwave receivers and would be Mr. Chairman, this bill is, in the the frequency spectrum, and it is ap­ subject to imprisonment if they uti­ highest sense, human rights legisla­ propriate that it select the frequency lized a shortwave radio. tion. for Radio Marti. This, Mr. Chairman, is the central I urge enactment of H.R. 5427 to Assignment of Radio Marti's fre­ issue, and it goes to the very existence communicate the truth and offer hope quency by NTIA will also avoid the of Radio Marti. to the people of Cuba. long delays which are inherent in any The truth of the matter is that the Mr. Chairman, I yield such time as proceeding before the Federal Com­ fear of Cuban interference is largely he may consume to the gentleman munications Commission. An FCC pro­ unfounded. from North Carolina (Mr. BROYHILL). ceeding, with judicial review, could July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17837 well delay the implementation of The cost of Radio Marti is not "gold In this case, jamming by low-powered trans­ Radio Marti for up to 6 years. Such a plated," as has been charged, and cannot be mitters would be targeted to the island of delay would, in effect, be the death compared to the cost of establishing a com­ Cuba, that is, to the CUban radio receivers, knell for Radio Marti. mercial station for domestic broadcasting. and would have no appreciable effect on At the same time, the bill provides The closer analogy lies with Radio Free U.S. broadcasters, including those using the Europe and Radio Liberty. Radio Marti's same frequency as Radio Marti. It also that the potential impact on U.S. costs include not only expensive four-tower is would not prevent reception of Radio Marti broadcasters taken into consider­ directional antennas but also high person­ in Cuba. ation in the establishment of Radio nel and administrative costs related to its Marti. NTIA is required to receive unique research and program development 3. Cuba may try counterbroadcasting, public comment from interested par­ requirements. These include Spanish lan­ similar to its "Radio Dixie" broadcasts of guage requirements, studios, reporters and the 1960's appealing to minorities in the ties and must consider certain factors United States. However, Cuban intentions set forth in the legislation affecting researchers based in U.S. cities and overseas. Some have also asked why the Voice of to broadcast with high power on 1040 kHz interference and harm to broadcasters America could not serve Radio Marti's pur­ and 1160kHz predate Radio Marti and are which may result from countermeas­ poses. The VOA is a highly inappropriate not in reprisal for Radio Marti. In fact, ures taken by Cuba. entity for this purpose because VOA's pur­ Cuba chose 1040 kHz as a broadcast fre­ I urge the adoption of the Energy poses and operations are radically different quency, in contravention of the old North and Commerce Committee amend­ from those of Radio Free Europe and Radio American Regional Broadcasting Agree­ ments and the passage of the bill. Liberty and thus from those proposed for ment, of which Cuba was a signatory, before At this point, I would call attention Radio Marti. VOA's mission is worldwide the United States chose the same frequency to Members the views of Representa­ and its primary purposes are to present for Radio Marti. There is no reason to be­ tives ZABLOCKI, FASCELL, WINN, DER­ world news and to express and explain U.S. lieve that Cuba will relinquish its interest in official policy and American society and in­ 1040kHz if Radio Marti does not go on the WINSKI, MICA, BROYHILL, RINALDO, stitutions. The Charter does not contem­ air, or if Radio Marti broadcasts on another LENT, MADIGAN, and BAFALIS expressed plate a surrogate "home service" like Radio frequency. in a "Dear Colleague" letter. Marti. For the same reason, Radio Free In fact, Cuba is already broadcasting on DEAR COLLEAGUE: H.R. 5427, to establish a Europe and Radio Liberty have maintained 1160 kHz with high power, despite the rejec­ new radio station, "Radio Marti," to broad­ separate identities and operations from tion by the 1981 Rio Conference of CUba's cast to Cuba, is scheduled for floor action those of the VOA. Attempting to focus on application to use that and many other fre­ on Friday, July 23. This is an important for­ the news of one country such as Cuba would violate the Charter of the Voice of America quencies. Even if Cuba uses frequencies not eign policy initiative about which there has allocated to it, the use of directional anten­ been much misinformation. The purpose of and would completely change the nature of this letter is to give you a bipartisan view of its broadcasting efforts. nas could prevent interference with U.S. do­ what is proposed and why, based on detailed Much concern has also been expressed mestic broadcasting. Furthermore, Cuba consideration of the bill by both the For­ about the problem of Cuban radio interfer­ may broadcast to the Caribbean and Central eign Affairs Committee and the Energy and ence with U.S. broadcasters and whether or South America rather than to the United Commerce Committee. Radio Marti will worsen this problem. These States. The Administration has undertaken a concerns are addressed in this bill, and were Some have suggested that another AM series of measures to increase the cost of discussed extensively in committee, but with frequency be chosen for Radio Marti even Cuban adventurism and to moderate Cuban recognition that the problem of Cuban in­ though the above objections still apply. Fur­ foreign poJicy. Radio Marti is one of these terference with U.S. domestic broadcasting thermore, if an off-band AM frequency were measures. Its purpose is to make the Cuban predates Radio Marti by at least fifteen chosen it would be tantamount to a rejec­ people more aware of the costs to them of years and should be considered as a separate tion of Radio Marti. Broadcasts on off-band Castro's mismanagement at home and ad­ issue. Indeed, the very broadcasters who frequencies are difficult to hear without venturism abroad and to provide them with today are most seriously damaged by Cuban good AM receivers, which means that part the information needed to make informed interference-those in Florida-are strongly of the Cuban audience would not be reached judgments on these policies and actions and in favor of the creation of Radio Marti. The by Radio Marti. In addition, these frequen­ to try to hold their government more ac­ fundamental point is that Cuban interfer­ cies are not internationally regulated, which countable. Radio Marti would broadcast to ence with broadcasting efforts in the United means that the United States would have no Cuba information and programs similar to States will not cease if Radio Marti does not legal basis for objections to Cuban interfer­ those broadcast by Radio Free Europe go on the air. ence. and Radio Liberty (RL) behind the Long before Radio Marti, in the mid- Iron Curtain. 1960's, the Castro government embarked on If the U.S. were to delay or back down on This concept of Radio Marti is based on a program to redesign its domestic AM Radio Marti in the hope of reducing the the right of the people of Cuba "to seek, re­ broadcasting system and to initiate broad­ likelihood of increased Cuban interference, ceive, and impart information and ideas casting directed toward the United States Castro would interpret this as a sign of through any media and regardless of fron­ and other neighboring countries. New weakness. His intransigence on the interfer­ tiers," in accordance with Article 19 of the Cuban plans to increase significantly the ence problem would increase, and the threat Universal Declaration of Human Rights. number and power of its AM radio stations to U.S. broadcasting would grow, not dimin­ Nonetheless, opponents of the measure to meet both internal and external require­ ish. have raised a number of questions. ments were announced in 1979 as part of a The best way to solve this problem is five-year plan and were submitted to the I ·; Some have questioned why an AM fre­ through negotiations with Cuba, but efforts quency has been proposed for Radio Marti. International Frequency Registration Board to do this have not been fruitful, either The answer is that AM receivers are in May 1980. Were Cuba's plans to be imple­ under the last Administration or this one. common in Cuba-some 2.12 million receiv­ mented, its stations would cause greatly in­ The Cubans showed no flexibility or inter­ ers at last estimate. Shortwave receivers are creased interference with U.S. broadcasters. est in accommodation during bilateral talks not. Cuba does not use shortwave broadcast­ Cuba's broadcasting plans were made known on frequencies on several occasions last ing domestically, so the average Cuban does well before our announcement in September year. Their withdrawal from ITU's regional not need to own one. Furthermore, since the 1981 that we intended to establish Radio AM broadcasting conference last year after Revolution, shortwave sets have been very Marti. The problem of increasing Cuban in­ the rejection of its frequency proposals difficult to acquire. Shortwave broadcasts terference is a separate and distinct issue clearly ratified Cuba's outlaw status in the would thus probably reach only the political which will remain whether Radio Marti field of international telecommunications. elite. While the International Radio Regula­ goes on the air or not. Cuba appears unwilling to negotiate serious­ tions state that "in principle" the AM band The question of how Cuba would react to ly on this issue at this time. is for domestic service, in practice it is well Radio Marti is unanswerable at this time, established that this band is also used for although logic and technology dictate three The State Department is very much aware international broadcasting. The BBC, Deut­ possibilities: of the interference problem and is working sche Welle

89- 059 0 - 86- 28 (pt.l3) 17838 CONGRESSIONAL RECORD-HOUSE July 23, 1982 cost. We urge your vote for H.R. 5427 with­ communicates the truth about Cuba on Government Information and Indi­ out weakening amendments. to the Cuban people. While the Voice vidual Rights. The subcommittee has Sincerely, of America does broadcast to countries oversight jurisdictiOn over all govern­ James T. Broyhill, Ranking Minority Member, Committee on Energy and in Latin America, its coverage of news ment international broadcasting ac­ Commerce; Matthew J. Rinaldo; and events is meant to be general in tivities. Norman F. Lent; Edward R. Madigan; nature, and highlights occurrences on Last October, my subcommittee con­ L. A. . This gross usurpation of authority by the House Judiciary and Govern­ Six weeks ago when I visited our friends by the Navy was reported this past and allies in Europe, I found a warm re­ ment Operations Committees. I urge sponse to this nation's call for a global cam­ Monday in Defense Week and is con­ my colleagues to support efforts to paign for freedom. Our straightforward crit­ tained in yesterday's CONGRESSIONAL eliminate these abuses and to restore icism of totalitarianism regimes and our RECORD. the proper balance to our decision­ willingness to promote the ideals of individ­ The Plans and Policy Division of the making process. ual liberty and representative government Navy's Office of Legislative Affairs struck a responsive chord among Europeans have breached the bounds of ethics and I believe many other millions of people and even legality, by preparing an GENERAL LEAVE around the globe. analysis of the Military Reform Mr. PARRIS. Mr. Speaker, I ask Yet, even as I expressed our confidence Caucus in terms of philosophy, mem­ unanimous consent that all Members that the ideals of freedom and the aspira­ bership, and concerns. Beyond this, may have 5legislative days in which to tion of self-government would ultimately triumph over those who wished to subordi­ they provided a rating system for revise and extend their remarks on nate the individual to the state, I was con­ members of the caucus. Among those House Resolution 489, the rule on the fronted with the hard evidence of just how who received copies were the Chief of airport and airway development bill. difficult this struggle will be. Naval Information and the Secretary The SPEAKER pro tempore. Is In Berlin, a grey, grim monument of steel of the Navy. The documentation was there objection to the request of the and stone stands as a reminder of those not classified and thus presumably in­ gentleman from Virginia? whose self-proclaimed goal is the domina­ tended for public distribution. There was no objection. tion of every nation on earth. The purpose of this campaign seems The tragedy of our time is that this goal clear. Despite record high Defense has been so widely achieved. Throughout budgets, the Navy is employing tactics PRESIDENT SIGNS CAPTIVE the Baltic States, Eastern Europe and Asia, NATIONS WEEK PROCLAMATION now in Africa and Latin America, nation to intimidate Members of Congress after nation has fallen prey to an ideology into rubber stamping Navy pet The SPEAKER pro tempore. Under that seeks to stifle all that's good about the projects. The Navy wants a blank a previous order of the House, the gen­ human spirit, even as it attempts to justify check and is seeking to eliminate con­ tleman from Illinois (Mr. DERWINSKI) communist rule. gressional oversight of the Pentagon is recognized for 5 minutes. This extension of totalitarianism has not budget and congressional efforts to e Mr. DERWINSKI. Mr. Speaker, as come about through popular movement or eliminate DOD waste. we conclude this year's official Captive free elections. It's been accomplished in­ Mr. Speaker, it is imperative that Nations Week observance, I wish to stead by military force or by subversion the House conduct an investigation draw attention to one of the most dra­ practiced by a tiny revolutionary cadre into this situation. The expenditure of matic events which highlighted this whose only real ideal is the will to power. public funds to influence the Members annual commemoration. For the first It hasn't meant, as promised, a new class­ time in the history of this observance, less society or the dictatorship of the prole­ of Congress-or even to influence the tariat. It has, instead, meant forced labor composition of Congress-is specifical­ a special Presidential signing of the and mass imprisonment, famine and massa­ ly illegal under title 18 of the United Captive Nations Week Proclamation cre, the police state and the knock on the States Code and the Hatch Act. We was held. door in the night. know what the Navy did here. What On Monday, President Reagan And it has also meant the growth of the we do not know is what other ratings joined with over 400 distinguished largest military empire in the history of the and other information on Congress guests from ethnic organizations, world. An empire whose territorial ambition the Pentagon has compiled for use at newspapers, and fraternal groups from has sparked a wasteful arms race and whose a time of their choosing. across the country as well as many ideological obsession remains the single Members of both the House and greatest peril to peace among the nations. The Military Reform Caucus is a The ominous growth of this danger, the group interested in providing an effi­ Senate in a ceremony in the White human suffering that it has caused, is clear­ cient and strong national defense in House Rose Garden. Joining President ly the most important news event of our the face of a changing technical mili­ Reagan on the podium, were many of generation. And it is, as I've said, the trage­ tary environment. We disagree on spe­ our former colleagues who cospon­ dy of our time. cifics but share a common concern. sored the original resolution which In 1959, the Congress of the United For the Navy to secretly investigate was signed into Public Law 86-90 in States, spurred on by the ruthless and and rate Members of Congress in the 1959. This law established Captive Na­ bloody attack in 1956 on the free Hungarian way it did is the height of arrogance tions Week to be observed annually government first decided to commemorate which could have a chilling effect on during the third week in July. the heroism and fortitude of those living in nations in which the right of self-determina­ the deliberations of Congress. While the official week draws to a tion has been denied. Mr. Speaker, there is no legitimate close, it is important for us to continue Today, in this Captive Nations Proclama­ reason for the Navy to have investigat­ to carry the spirit and dreams of the tion, and at this first public signing of this ed the caucus or any Member of Con­ captive peoples in our hearts and pray proclamation, we keep faith with this tradi­ gress. Such misbehavior goes beyond that their desire for human liberty tion and with those to whom it is intended the misuse of appropriated funds for will soon be answered. to give hope and moral substance. lobbying. This issue is a clear violation Mr. Speaker, at this point in my re­ Today, we as a nation, also remind our­ of the constitutional separation of marks, I wish to insert the 1982 Cap­ selves of the preciousness of our freedom, powers. Under the guise of congres­ tive Nations Week Proclamation of the renew our sacred resolve that someday all President of the United States, the the people of the earth will enjoy the God­ sional relations, the Navy is secretly given rights of free men and women. police states must fear. as Captive Nations Week. Lenin advocated resorting to all sorts of We are confident that in Poland, Afghani­ This week offers Americans an opportuni­ strategems, artifices, maneuvers, illegal stan, and in all the Captive Nations the ty to honor our Nation's founders whose methods, evasions and subterfuges. We in forces of totalitarianism have won only a wisdom and commitment to self-determina­ the West have at our command weapons far temporary fleeting victory. Against the tion and liberty have guided this country more potent that defeat, deceit and subter­ appeal of democratic ideas, against the for more than 200 years. Let us once again fuge. We have the power of truth. Truth hunger and thirst of men and women who reaffirm our faith that the aspiration for that can reach past the stone and steel walls would be free, the threat of martial law, im­ freedom will ultimately prevail over the rule of the police state and create campaigns for prisonment, or any of the other artful forms of force and coercion which denies human freedom and coalitions for peace in commu­ of repression can never win lasting triumph. rights to so many other parts of the world nist countries. In an interview that was published here today. How long can one simple fact be ignored before his imprisonment Lech Walesa spoke Now, therefore, I, Ronald Reagan, Presi­ or overlooked: that only the totalitarian of "the wheat that can grow on the stones," dent of the United States of America, do states mark their borders with walls and of how brutal repression only seems to hereby designate the week beginning July barbed wire to keep their people from flee­ strengthen the hope and hunger of those 18, 1982, as Captive Nations Week. ing the "worker's paradise." who long for freedom. And he said, "Our I invite the people of the United States to Some months ago I received a letter from souls contain exactly the contrary of what observe this week with appropriate ceremo­ Solidarity leaders who were in the free they wanted. They want us, the communist nies and activities and to reaffirm their world during the crackdown by the ruling rulers, not to believe in God, and our dedication to the ideals which unite us and military junta. These leaders pointed out churches are full. They wanted us to be ma­ inspire others. that totalitarian regimes can be "eroded terialistic and incapable of sacrifices. We are In witness whereof, I have hereunto set only from within by nonviolent, popular anti-materialistic and capable of sacrifice. my hand this 19th day of July, in the year pressure. Our Polish experience shows how They wanted us to be afraid of tanks and of of our Lord nineteen hundred and eighty­ efficient such a drive for change can be. Our the guns. And instead, we do not fear them two, and of the Independance of the United adversary is fully aware that our resistance at all." (Applause.) The love of liberty, the States of America the two hundred and sev­ cannot be sustained without a free flow of fire of freedom burns on in Poland just as it enth. burns on among all the peoples of the Cap­ information and ideas." RONALD REAGAN. I These leaders went on to say, "We appeal tive Nations. to you for the same appreciation of the To the leaders of Solidarity, to the people power of ideas and the effectiveness of of Poland, to all those who are denied free­ BANKING COMMITTEE MONE­ broadcasting as their carrier. In the long dom, we send a message today. Your cause is TARY POLICY REPORT AND run it may prove to be the least expensive not lost. You are not forgotten. Your quest and the most effective option at your dis­ for freedom lives on in your hearts and in CHAIRMAN VOLCKER'S PRE­ posal." our hearts. weav­ GUATEMALA SET tions systems loan proposal has been pend­ since last December. We believe point where there will no longer exist marks at this point in the RECORD and it is timely for this project to proceed. It is a any need for purchases of raw materi­ to include extraneous matter.) worthwhile project, and, more importantly, al from the United States. e Mr. PATTERSON. Mr. Speaker, like approval would send a signal of U.S. support I cannot understand how this admin­ many Members of Congress, I have for the improvements the new Government been troubled for a long time by the has made. istration can vote in favor of a loan We acknowledge that legitimate questions which can have no effect domestically reports from Guatemala. I think that we have all hoped that the Rios Montt could be and were raised about the direct­ other than further depressing employ­ ness of the basic human needs impact as ment and production in one of our regime which took over in the military well as other aspects of this project. None­ most depressed industries-the textile coup in March would protect the basic theless, we believe that with modifications industry. human rights of the Guatemalan along the lines discussed after the Decem­ Mr. Speaker, legislative jurisdiction people. Some of the early signals ber 8, 1981 hearing, the project could have coming from the Rios Montt govern­ been improved and construed as eligible for over the World Bank and its affiliates ment were indeed hopeful. More an exception. However, since our recommen­ resides within the House Committee recent developments, however, are dation for U.S. approval no longer hinges on on Banking, Finance and Urban Af­ worrisome. such as exception, we see no need to pursue fairs, of which I have the honor to be this aspect of the matter further. chairman. I want to note for all today, The International Financial Institu­ Before any action is taken on this loan, we that the next appearance of adminis­ tions Act requires the U.S. Executive will be coordinating with Treasury regard­ tration officials requesting additional Director at each of the multilateral ing consultations required under Section funding for the World Bank before development banks to oppose loans to 701. We hope to be in the position to indi­ any country which is a gross and con­ cate U.S. support for this loan in the IDB our committee will feature some very sistent violator of internationally rec­ before the end of July. I am, of course, pre­ hard and blunt questioning. I will ogilized human rights. A loan is pend­ pared to discuss the matter further with demand answers as to both motivation ing at the Inter-American Develop­ you if you wish after reviewing the enclosed and results drawn from such choices background on the current situation in Gua­ as are evidenced through this most ment bank which raises this issue with temala. recent administration loan action. regard to Guatemala. Regarding another matter raised in our Voting in favor of a World Bank loan I received information yesterday recent meeting, I would like to assure you to upgrade the textile industry in the from Deputy Assistant of State Ste­ that both we and Treasury are actively phen W. Bosworth on the status of seeking support for prompt passage of the Philippines, was a vote to further human rights in Guatemala. The authorization legislation for the new replen­ strangle the textile industry in the letter does not adequately answer ishment of the African Development Fund. United States.e questions about extra-legal killings We are consulting with your staff on how best to pursue this objective. We look for­ and torture in Guatemala. His letter ward to prompt, favorable action on this CAPTIVE NATIONS WEEK and my response to it follow this state­ bill, which would be an important signal of ment. continuing strong U.S. support for the mul­ The SPEAKER pro tempore. Under Because of the wide interest in U.S. tilateral development banks. a previous order of the House, the gen­ policy in this area, I have scheduled a Once again, I would like to express my ap­ tleman from Illinois reforming elec­ quest of Mr. RATCHFORD) to revise and toral law, as you indicate, is positive, but it U.S. dollars utilized by them during is not relevant to Section 701. extend their remarks and include ex­ the first and second quarters of calen­ I am concerned, too, about what seems to traneous material:) dar year 1982 in connection with for­ be a selective use of quotations and informa­ Mr. ST GERMAIN, for 15 minutes, eign travel pursuant to Public Law 95- tion. For example, General Rios Montt is today. 384 are as follows: July 23, 1982 CONGRESSIONA RECORD-HOUSE 17851 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMIITEE ON WAYS AND MEANS, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1982

Date Per o.em 1 Transportation Total U.S. dofla· Name of Member or employee Country US. dollar U.S. dona:. Arnval Departure foreign equivalen fore1gn equivalent equ1valent currency or U.S. currency or US. or U.S currency• currency• currency•

HOI1 Barber B Conable ·-~ ...... _ ... " ...... _, 4/6 4/8 Domimcan Republic ...... 184.00 ...... 184.00 4{8 4/9 Colombra ...... - ...... 5,272.70 86.00 ...... -...... • ...... -...... ,,__ .. __ 86.00 4/9 4111 Antigua...... •...... - .... - .... - ...... 314.00 - ...... """"""'""''"'" ...... ,_...... 314.00 4/11 4/12 Venezuela...... 492.20 115.00 ... _...... __ , - ...... - ...... ,...... 115.00 4!12 4/14 Costa Rtca ...... _ ...... -...... 7,035 150.00 • ...... -- "'" ...... ~...... ·-··-· 150.00 522.00 ...... - ...... ,__ ...... - ...... 522.00 0 2 0 3,042.00 Hon. ~~nr~i~::.. ~-~n -~f.. ~~~~~ .. :=:: ::~.'"""4i6 ...... 4t8' .. DOmiiikan.RePubiiC:::::::::::=:· .. -~ .....::: .. =·:::=·:~:~.::~ ... :._ -184:00' .... :=:.:.~. ..: ...... ~: ~ · ~ ...... :~·~. .-- .. :·::: .... .": .....::: ... :·: ...... : ... . 184.00 4/8 4/9 Colombia ...... -...... 5.27Z.70 86.00 ...... _...... 86.00 4/9 4/11 Ant1gua ...... _ ...... ·-· ... 314.00 ...... ,_.. _ ...... 314.00 4/11 4/12 Venezuela ...... -...... 492.20 115.00 ...... ___ ,...... - ...... 115.00 4/12 4/14 Costa Rica...... 7,035 150.00 ...... - ...... ,. ___ ...... _ ...... ~. 150.00 Transportation by Department of Defense ...... m...... -...... 5,181.44 ...... 5,181.44 Hon. J J P1ckle ...... • . ... • ...... 4/6 4/8 Dornmican Repubfte .... ----~...... ,_...... 184.00 ...... _. __ .. ___ ..... _.~ ..... ·- ...... ~ ...... 184.00 4/8 4/9 Colombia ...... ·-· ...... ~- ..... • ~ 5.272.70 86.00 ...... _...... 86.00 4/9 4/11 Antigua ...... _...... • ...... 314.00 • ...... _ ...... _ 314.00 4/11 4/12 Venezuela ...... • ...... 492.20 115.00 ...... ·-·-· . .. .._ ... • ...... 115.00 4/12 4/14 Costa Rtca...... 7,035 150.00 ...... - ...... _...... 150.00 Transportation bY Department of Defense ...... - ...... - ...... -...... 5,181.44 ...... - ...... 5.18144 Hon. Fortney H. (Pete) Stark...... 5!28 6/2 Italy ...... -...... 480.624 372.00 ...... 614.10 ...... - ...... ---...... 986.10 Thelma J. Askey...... 5/9 5112 France...... 1,548 258.00 ...... 1.850.00 ...... 2,108.00 Ann fla1g Dulaney ...... •...... 4/26 4/30 Switzerland . .... _ ...... • .. 816.85 445.00 ·-·-·-- ... • 1,470.00 ...... ·---...... 1,915.00 Franklin C. Phifer, Jr _. •...... _ 5/16 5/22 Betgiu ...... •• 17,265 395.00 .... _...... 858.00 _ ·--· .. - ...... - ...... 1.253.00 22,735.98

1 Per diem constitutes lodging and meals. •If fore1gn currency IS used, enter U.S. dollar equtvalent; if U.S currency is used. enter amount ~nded. DAN ROSTENKOWSKI Chairma July 1, 1982 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR, 1 AND JUNE 30, 1982

Date Per dieml Other purposes Total U.S. dollar U.S. dollar U.S dollar US. dolla• Name of member or employee Country fore1gn equivalent foreign equivalent foreign equivalent fore1gn eQUIValent Atnval Departure currency or U.S. currency or US. currency or U.S. currency or U.S currency 2 currency 2 currency• currency•

4/12 Rome, Italy ...... _ ...... _...... 616.824 468.00 ...... -...... 3 1.810.35 ...... _ ...... - ...... - ...... - ...... _ ...... 4/16 Portugal ...... _., ...... _.... _ ...... _ _ ... _.... _ ... _... __4o_o .o_o_._.... _.. -_ .. _...._ ... _...._ ... _..._ ... _...._ ... _...._ .... _ ..._ .... _ ..._ ... _ .... _ ... _ .. _..... _-_ ... _ ... _...._ .... _ ..._ .. _ ..._ ..._ ... _...._ ... _...._ .. _... _ .... _ ..._ .... . 868.00 ...... 1.810.35 ...... _ ...... -...... ·- 2,678.35

1 Per diem constrtutes lodging and meals 2 If fore1gn currency IS used. enter U.S. dollar equivalen if U.S. currency is used. enter amount expended. a Round tnp DAtrrE fASELl. Cha1rma • Jtily 1, 1982. AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MICHAEL MAREK, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 2 AND MAR. 9. 1982

Date Per dtem 1 Transportation Totai dolla Name of member or employee Country U.S. dollar u.s. US. dollar Departure Foreign equivalent foreign equiValent Foreign equivalent Arrival currency or U.S. currency ·U.S currency or U.S. currency• currency• currency•

M1chae1 Marek ...... ~--.. ~;~ ~~j ~~~~.::::::::::::::::::::::::::::::::::::::=::=::::::::::=:::..:::::::::::::::::::::: 2~U§ :=:::::::=:::::::::::::=:=::::::=:::::::::::::::::::::::::::::::=::::::=:::::::::::::::::::::::::::~::::::: 2 ~U~ 3!1 3!8 Austna ...... ~ ...... ~ ...... ~ .. ~ ...... -...... 83.00 ...... 25.43 ...... _ ... _...... 108.43 3/8 3/9 Italy...... •...... _ ... _, ... ______._..... 78.00 ...... - .... - ...... __ ... 78.00 Transportalton (military a1rcraft) ...... - ...... _ ...... - ... - ...... _ ... _ ... _ .... _ ... _. -_-_...._ ... _.... _ ... _.... _ ... _.... _ .... _ ... _.... _ ... _.... _ ... _.... _. ----'----'--'---'------'---4...:...,3_48_.00 476.00 ...... 4,373.43 ...... 4,849.43

1 Per diem constitutes lodging and meals. 2 11 fone1gn currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MICHAEL MAREK. June 30, 1982.

EXECUTIVE COMMUNICATIONS, Committee on Appropria.tions. of 1982," pursuant to section 602 of ETC. 4433. A letter from the Chairman, Council Public Law 93-198; to the Committee on the of the District of Columbia, transmitting District of Columbia. Under clause 2 of rule XXIV, execu­ D.C. Act 4-226, " Compulsory/No-Fault 4436. A letter from the Chairman, Nation­ tive communications were taken from Motor Vehicle Insurance Act of 1982." pur­ al Advisory Council on Vocational Educa­ the Speaker's table and referred as fol­ suant to section 602(c) of Public Law 93-198; tion, transmitting the Council's 1981 annual lows: to the Committee on the District of Colum­ report, pursuant to section 443(2) of the bia. General Education Provisions Act; to the 4431. A letter from the Chairman, Federal Committee on Education and Labor. Labor Relations Authority, transmitting a 4434. A letter from the Chairman, Council 4437. A letter from the Acting Vice Presi­ report of violation of the Anti-Deficiency of the District of Columbia, transmitting dent for Government Affairs, National Rail­ Act, pursuant to section 3679(i) of the Re­ D.C. Act 4-224, "Lorton Regulations Ap­ road Passenger Corporation, transmitting a vised Statutes, as amended; to the Commit­ proval Act of 1982," pursuant to section report covering the month of May 1982 on tee on Appropriations. 602(c) of Public Law 93-198; to the Commit­ the average number of passengers per day 4432. A letter from the Secretary of tee on the District of Columbia. on board each train operated, and the on­ Energy, transmitting the fifth semiannual 4435. A letter from the Chairman, Council time performance at the final destination of report on alternative fuels production, pur­ of the District of Columbia, transmitting each train operated, by route and by rail· suant to title II of Public Law 96-126; to the D.C. Act 4-225, "Project Setoff Liability Act road, pursuant to section 308<2> of the 17852 CONGRESSIONAL RECORD-HOUSE July 23, 1982 Rail Passenger Service Act of 1970, as PUBLIC BILLS AND By Mr. MURPHY . nutrition programs, and for other purposes; VENTO. Referred to the Committee of the Whole jointly, to the Committees on Education H.R. 6753: Mr. McCOLLUM, Mr. BAFALIS, House on the State of the Union. and Labor and Agriculture. Mr. GUNDERSON, Mr. OXLEY, Mr. CHAPPlE, July 23, 1982 CONGRESSIONAL RECORD-HOUSE 17853 Mr. McDADE, Mr. THOMAS, Mr. LAGOMARSINO, H.R. 2643 (3) Any such amount so received by the Mr. YOUNG of Florida, Mr. EMERSON, Mr. By Mr. BROWN of Colorado: Walker Field Public Airport Authority, RoBERTS of South Dakota, Mr. KoGovsEK, -Page 147, after line 21, add the following shall be used by such Authority for the de­ Mr. MARRIOTT, Mr. CHAPPELL, Mr. PEPPER, new section: velopment, improvement, operation, or Mr. KILDEE, Mr. OTTINGER, Mr. HUBBARD, maintenance of the Walker Field Public Air­ Mr. DASCHLE, Mr. RoE, Mr. CoRRADA, Mr. SEC. 31. RELEASE OF DEED RESTRICTIONS. port. BEDELL, Mr. CORCORAN, Mr. SANTINI, Mrs. (a) Notwithstanding section 16 of the Fed­ eral Airport Act (as in effect on September BOUQUARD, Mr. MONTGOMERY, Mr. SCHUMER, H.R. 5203 Mr. YouNG of Alaska, Mr. CLAusEN, Mr. 14, 1951), the Secretary of Transportation is ERTEL, Mr. FAUNTROY, Mr. LONG of Louisi­ authorized, subject to the provisions of sec­ By Mr. HARKIN: ana, Mr. ERDAHL, Mr. CLINGER, and Mr. tion 4 of the Act of October 1, 1949 (50 App. -Page 63, strike out line 21 and all that fol­ AKAKA. U.S.C. 1622c), and the provisions of subsec­ lows through line 10 on page 69. H.R. 6755: Mr. FASCELL, Mr. BINGHAM, Mr. tion (b) of this section, to grant releases YATRON, Mr. IRELAND, Mr. MicA, Mr. BARNEs, from any of the terms, conditions, reserva­ Mr. BOWEN, Mr. DERWINSKI, Mr. WINN, Mr. tions, and restrictions contained in the deed H.R. 6370 GILMAN, Mr. LAGOMARSINO, Mr. GOODLING, of conveyance dated September 14, 1951, By Mr. BAILEY of Pennsylvania: Mr. PRITCHARD, Mrs. FENWICK, Mr. DORNAN under which the United States conveyed -Add the following new section at the end of California, Mr. LEAcH of Iowa, Mr. certain property to the city of Grand Junc­ of the bill: LEBouTILLIER, and Mr. HYDE. tion, Colorado, for airport purposes and the H.R. 6774: Mr. PEPPER and Mr. DWYER. deed of conveyance dated March 24, 1975, EXPORT OF CURRENCIES TO VIETNAM H.R. 6775: Mr. PEPPER and Mr. DWYER. under which the city of Grand Junction, SEc. 605. (a) No person shall export from H.J. Res. 486: Mr. ERTEL and Mr. PEYSER. Colorado, conveyed such property to the the United States any currency directly or H.J. Res. 489: Mr. DWYER, Mr. LoWRY of Walker Field Public Airport Authority. indirectly to any person in Vietnam. Washington, Mr. MOAKLEY, Mr. BEILENSON, (b) Any release granted by the Secretary Mr. FoRD of Tennessee, Mr. WEiss, Mr. (b) Any person who violates the provisions of Transportation under subsection (a) shall of subsection (a) shall be fined not more RosENTHAL, Mr. STARK, Mr. LANTOS, Mr. be subject to the following conditions: ERTEL, Mr. PANETTA, Mr. SHAMANSKY, Mr. than $10,000 or imprisoned not more than (1) The property for which releases are one year, or both. CoNTE, Mr. FAZIO, Mr. FRANK, Mr. BROWN of granted under this section shall not exceed California, Mr. BARNES, and Mr. BRODHEAD. a total of eighteen acres. (c) The President shall issue such regula­ H. Res. 446: Mr. SuNIA, Mr. HERTEL, Ms. (2) The Walker Field Public Airport Au­ tions as are necessary to carry out this sec­ MIKULSKI, Mr. DYMALLY, Mr. WAXMAN, Mr. thority shall agree that in leasing, or con­ tion. RoE, Mr. RATCHFORD, and Mr. DwYER. veying any interest in, the property for (d) If the President determines that the which releases are granted under this sec­ Government of Vietnam is returning to Vietnam those Vietnamese nationals whom AMENDMENTS tion, such Authority will receive an amount which is equal to the fair lease value or the that Government has sent against their will Under clause 6 of rule XXIII, pro­ fair market value, as the case may be (as de­ to other Communist countries, then the posed amendments were submitted as termined pursuant to regulations issued by President may suspend the provisions of follows: such Secretary). this section.