November 28, 1979 EXTENSIONS OF REMARKS 33967 of United States personnel in Iran; consid­ Mr. HUBBARD, Mr. LoWRY, Mr. KELLY, and Ms. 238. By the SPEAKER: Petition of the ered and agreed to. 0AKAR. Southern Governors' Association. relative to H.R. 5772: Mr. BONKER. Federal assistance to curtail drug smuggling; H.J. Res. 409: Mr. PAUL. jointly, to the Committees on Foreign Af­ PRIVATE BILLS AND RESOLUTIONS H.J. Res. 426: Mrs. BouQuARD, Mr. COTI'ER, fairs, the Judiciary, and Ways and Means. Mr. EVANS of Indiana. Mr. McDONALD, and 239. By the SPEAKER: Petition of the Under clause I of rule XXII, Mr. QUILLEN. Southern Governors' Association, relative to Mr. MAVROULES introduced a bill (H.R. H.J. Res. 435: Mr. MoTTL and Mr. PATTEN. national coal policy; jointly, to the Commit­ 5986) for the relief of James Ma.biho Rwabu­ H . Con. Res. 208: Mrs. CHISHOLM and Mr. tees on Interior and Insular A!fairs, and In­ hinga; to the Committee on the Judiciary. ALBOSTA. terstate and Foreign Commerce. H. Res. 449: Mr. EDWARDS of Oklahoma, Mr. MINETA, Mr. DIXON, Mr. CLAY, Mr. GORE, Mr. ADDITIONAL SPONSORS McCLOSKEY, Mr. SEmERLING, Mr. FROST, Mr. AMENDMENTS LowRY, and Mr. ALBOSTA. Under clause 4 of rule XXII, sponsors Under clause 6 of rule XXIII, pro­ were added to public bills and resolutions posed amendments were submitted as as follows. PETITIONS, ETC. follows: H.R. 109: Mr. MURPHY of Illinois. H.R. 3948 H.R. 882: Mr. CHAPPELL. Under clause 1 of Rule XXII, the fol­ By Mr. YOUNG of Ala.ska: H.R. 1297: Mr. RoYER. lowing petitions and papers were pre­ -To be considered en bloc. H.R. 1429: Mrs. SMITH of Nebraska. and Ms. sented and referred as follows: Page 4, strike out line 7 and all that follows OAKAR. 229. By the SPEAKER: Petition of the down through line 11 and insert in lieu H.R. 3408: Mr. COLLINS of Texas. Association of the United States Army, Ar­ thereof the following: H.R. 4093: Mr. NEDZI, Mr. YATES, Mr. DON­ lington, Va., relative to the Armed Forces SEc. 2. (a) Notwithstanding any other pro­ NELLY, Mrs. SPELLMAN, Mr. SCHEUER, Mr. of the United States; to the Committee on vision of law or any rule, regulation, or order FOWLER, Mr. CONTE, Mr. RANGEL, Mr. GARCIA, Armed Services. issued pursuant thereto-- Mr. BEILENSON, Mr. PANETTA, Mr. DORNAN, 230. By the SPEAKER: Petition of the 45th Page 5, line 6, strike out "sixty-one years and Mr. WEAVER. annual meeting of the Southern Governors• and six months" and insert in lieu thereof H.R. 4509: Mr. WHITEHURST, Mr. STOCK­ Association, New Orleans, La.., relative to Fed­ "sixty-five years". MAN, Mr. WINN, Mr. COLLINS of Texas, Mr. eral a.id reform; to the Committee on Govern­ Page 5, strike out line 7 and all that fol­ LEACH of Louisiana, Mr. WATKINS, Mr. SHEL­ ment Operations. lows down through line 11 and insert in lieu BY, Mr. EVANS of Georgia, Mr. HALL of Texas, 231. By the SPEAKER: Petition of the thereof the following: Mr. McDONALD, Mr. STENHOLM, Mr. LENT, Southern Governors' Association, relative to (b) No certificate holder may use the serv­ Mr. GRASSLEY, Mr. CHARLES WILSON of Tex­ energy, freight rates, clean air plans, and ices of any individual a.s a pilot if such in(li­ as, Mr. MONTGOMERY, Mr. LO'M', Mr. RoYER, interim primary drinking water standards; vidual is sixty-five years of age or older. Mr. MARTIN, Mr. JENRETTE, Mr. GUDGER, Mr. to the Committee on Interstate and Foreign HANCE, Mr. MADIGAN, Mr. TRAXLER, Mr. LEE, Commerce. H.R. 5297 Mr. BEDELL, Mr. DANNEMEYER, Mr. RUNNELS, :232. By the SPEAKER: Petition of the Mr. SATTERFIELD, Mr. SEBELIUS, Mr. HILLIS, Southern Governors' Association, relative to By Mr. BROWN of Ohio: Mr. JEFFRIES, Mr. PICKLE, Mr. PHILIP M. development of effective coastal protection -Page 11, after line 15, insert: CRANE, Mr. LoEFFLER, Mr. DAVIS of South systems against natural disasters; to the TITLE IV Carolina, Mr. ALBOSTA, Mr. CLINGER, Mr. Committee on Merchant Marine and Fish­ SEC. 401. Of the amounts authorized to be HINSON, Mr. WHITTAKER, Mr. BENJAMIN, eries. appropriated under this Act, such sums as Mr. WYATT, Mr. BROWN of Ohio, Mr. GUYER, 233. By the SPEAKER: Petition of the may be necessary shall be used for the Mr. FORSYTHE, Mr. EDGAR, iMr. PAUL, Mr. Southern Governors' Association, relative to prompt issuance of operating licenses under LEWIS, Mrs. BOUQUARD, Mr. SYMMS, and Mr. truck regulation; to the Committee on Public applicable law, consistent with reasonable KRAMER. Works and Transportation. safety considerations, in the case of the H.R. 4782: Mr. JENRETTE and Mr. QUILLEN. 234. By the SPEAKER: Petition of the following nuclear powerplants: H.R. 4940: Mr. GRASSLEY. Southern Governors' Association, relative to North Anna 2 H.R. 5038: Mr. CARR, Mr. BONKER, and Mr. repeal of the carryover basis rule; to the Salem 2 WALGREN. Committee on Ways and Means. Diablo Canyon 1 H.R. 5040: Mr. BENJAMIN. 235. By the SPEAKER: Petition of the Sequoyah 1 H.R. 5062: Mr. MCCLOSKEY and Mr. Mc­ Southern Governors' Association, relative to McGuire 1 KINNEY. plant closings; jointly, to the Committees on Zimmer H.R. 5377: Mr. EMERY. Banking, Finance and Urban A!fa.irs, and Diablo Canyon 2 Education and Labor. H.R. 5394: Mr. MARKS, Mr. FORD of Michi­ La Salle County 1 236. By the SPEAKER: Petition of the gan, and Mr. KOGOVSEK. Summer 1 Southern Governors' Association, relative to H.R. 5577: Mr. FAZIO and Mr. STENHOLM. Farley 2 foreign trade expansion; jointly, to the Com­ Shoreham H.R. 5649: Mr. BINGHAM, Mr. LEDERER, Mr. mittees on Banking, Finance and Urban Af­ GUARINI, Mr. MOTTL, Mr. EvANS of the Virgin fairs, Foreign A!fairs, and Ways and. Means. San Onofre 2 Islands, Mr. MOAKLEY, Mr. BONER of Tennes­ 237. By the SPEAKER: Petition of the Watts Bar see, Mr. CHARLES H. WILSON of California, Mr. Southern Governors' Association, relative to By Mr. EMERY: RoE, Mr. SABO, Mr. KILDEE, Mr. DoUGHERTY, allocation formulas and eligibility criteria. in -Page 3, line 11, after "Programs" insert and Mr. RICHMOND. Federal community and economic develop­ "(A)". H.R. 5700: Mr. BLANCHARD, Mr. CAMPBELL, ment programs; jointly, to the Committees Page 3, line 14, before the comma insert Mr. FAUNTROY, Mr. EVANS Of Indiana, Mr. on Banking, Finance and Urban A!fairs, Gov­ "and (B) for providing financial assistance D'AMOURS, Mr. CAVANAUGH, Mr. MATTOX, Mr. ernment Operations, and Public Works and to the States to be used for the purchase of VENTO, Mr. LUNDINE, Mr. PAUL, Mr. HYDE, Transportation. radiation monitoring equipment".

EXTENSIONS OF REMARKS

PROPONENTS OF SALT II TREATY leadership and a sound national defense Strategic Arms Limitation Treaty number 2, DON'T CONSIDER UNSTABILITY effort in achieving a SALT II treaty as evidenced by the mail this newspaper re­ which could be in our best interests. I ceives daily. would like to share the editorial with my To q.uickly review what the arms limitation HON. DOUGLAS K. BEREUTER colleagues and request that it be re­ treaties are all about, we must go back to the OF NEBRASKA printed in full in the CONGRESSIONAL late 1960s when President Nixon and Secre­ IN THE HOUSE OF REPRESENTATIVES tary of State Kissinger engineered the first RECORD. weapons treaty, SALT I, with bipartisan Wednesday, November 28, 1979 The editorial follows: support. e Mr. BEREUTER. Mr. Speaker, a re­ PROPONENTS OF SALT II TREATY DoN'T Former President Gerald Ford and Presi­ cent editorial from the Hebron, Nebr., CONSIDER UNSTABILITY dent Carter have gone even further in SALT Journal-Register provides a thoughtful Proponents of SALT II are becoming in­ II negotiations with the Russians. commentary on the importance of strong creasingly active a.s a.re opponents of the 'Educational Television in recent months

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the fioor. 33968 EXTENSIONS OF REMARKS November 28, 1979 showed the United States Joint Chiefs of and for ourselves, of our national secu­ terms. No President unilaterally could settle Sta.ff representing the Army, Navy, Air Force rity needs and not of some idealistic con­ for anything less. a.nd Marine Corps purportedly supporting cept of what the world should be like. Suppose there was no treaty. Common the treaty. I know that "America first" is a dis­ sense might inform a President that enough But the Journal-Register feels that a.ny is enough, that we already have amassed ra.tifica.tion of the treaty should be preceded credited slogan because of its historic sufficient nuclear power to devastate the by two things: links to isolationism. But if the idea is whole world, and that funds for nations.I 1. A rapid arms •buildup so that we are combined with our acknowledged duty defense could be expended more sensibly else­ not number two in this increasingly unstable as world leader, I say we get back to that where. The Soviets, for their part, might well world mmtarily or in a.ny sense. idea as soon as possible. come to the same rational conclusion. No 2. A president and congress who wm put At this point I wish to insert in the longer impelled to arm up to the "limita­ America first in our des.lings with foreign RECORD three articles from the Chicago tions" of a treaty, both powers might sub­ countries, particularly the hostile groups Sun Times, November 23, 1979: "It's a stitute prudent judgment for supposed ne­ such as Iran, Russia a.nd Vietnam. cessity. One of the communications we received Goofy Idea-Let's Put a Leash on It"; The Stevens amendment, seeking recon­ this week outlines how a. Nebraska church "Environmental Rules Slow MX Instal­ sideration, is altogether wise. Do we learn council supports the SALT II treaty. But it lation Goal"; and "Aging Titan Missile from history, or do we repeat its hard les­ is better to be preps.red to meet adversity Found a Threat to Its U.S. Crews": sons? By 1990, when Goofy could be fully rather than needlessly 1be enslaved, hu­ IT'S A GOOFY !DEA-LET'S PUT A LEASH ON IT deployed, its loops and tracks and shelters mmated or a third rate power. (By James J. Kilpatrick) will be obsolete. More deadly devices yet will We should act from power in our dealings have been lnvented, and we will see the WASHINGTON.--Sen. Ted Stevens (R­ with our adversa.ries.e racetracks, covered by drifting sand, as so Alaska) struck a blow for sanity the other many pillboxes, so many Maginot lines. day in the matter of strategic warfare. We halven't seen much sanity in that particular ENvmoNMENTAL RULES SLOW MX OUR STRATEGIC FORCES: ARE sector lately. He won adoption of an amend­ THEY RELIABLE? INSTALLATION GOAL ment telling the Carter administration, in w ASHINGTON .-Air Force officials doubt effect, to reconsider the wisdom of Goofy. that the United States can meet its 1986 Goofy is the system devised by the Penta­ goal of deploying the new MX mobile mis­ HON. ROBERT H. MICHEL gon's sons of Rube Goldberg for concealing OF ll.LINOIS sile unless they can cut through a jungle of the MX missile. It is known as Goofy for environmental and land-use regulations. IN THE HOUSE OF REPRESENTATIVES the Walt Disney dog of the same name. And "We are concerned that, without legisla­ it is the nuttiest scheme to come along in Wednesday, November 28, 1979 tion in this area, we cannot meet an initial the name of national security since the CIA operating capability .for the MX in 1986," • Mr. MICHEL. Mr. Speaker, a free na­ proposed to depilate the beard of Dr. Castro. one otncial said. tion's security ultimately depends not on Attend. The idea is as follows: An enor­ Pentagon authorities emphasized that they the nwnber or the quality of its weapons mous chunk of federally owned land out do not intend to waive environmental safe­ but on the wisdom and foresight of its West would be set aside for construction of guards in constructing bases for 200 MX the strangest railway known to man. It missiles, probably in about 50 thinly popu­ people and their elected representatives. would consist of perhaps 200 closed loops, Consider, if you will, three articles that lated valleys in Utah and Nevada. or racetracks. Each loop would have 23 shel­ A "commonsense" way must be found to recently appeared in the Chicago Sun ters located a mile and a half apart. There simplify state and federal regulations, the Times. One tells of the danger posed by would thus be 4,600 shelters. Right? Pentagon officials said. the U.S. Titan II missile. Danger to the Right. Then we would provide 200 freight The officials, who asked not to be named, Soviet Union? No, danger to the Air cars. Each freight car would carry a 20-ton noted that the federal govern_µlent, in effect, Force crews that have to fuel this aged MX missile. Each missile would carry 10 had yielded to the states some of the power to monster with liquid fuel. Yet we have individually targeted warheads. There would control water, air and noise pollution. They to rely on the Titan II as part of our thus be 2,000 warheads on 200 missiles acknowledge that the states might resist any aboard 200 freight cars on 200 loops shut­ federal legislation that could take back some strategic forces. tling about the 4,600 shelters. Right? of those powers. Another article tells of the environ­ Right. All day and all night, week in and Officials said some of the regulations re­ mental battle that is going to come when week out, 200 engines would chug around quire the issuance of permits in complicated the Air Force seeks to deploy the MX the Goofy track, playing the biggest shell procedures that could take up to 10 years and missile. It is conceivable that the MX game ever played. The Soviets would go "we just don't have that time." program could be delayed almost indefi­ crazy trying to figure out which shelters held One possible approach, they said, would nitely by shrewd manipulation of the en­ the missiles. be for President Carter to authorize waivers vironmental laws. What would Goofy cost? No one knows. from current environmental and land-use has drawn up some estimates regulations if he finds such a move would And then there is a column by James based upon and probable costs of be in the "para.mount national interest." Jackson Kilpatrick, questioning the sys­ construction. The latest guess is $33 b1llion They indicated that they would rather get tem devised by the Pentagon to house over a 10-year-period. The stentorian voice congressional approval for simplifying legis­ the MX missile. This colwnn raises .se­ of experience cries out: Double that esti­ lation. rious questions about the very concept mate! Annual costs of operation are placed According to these authorities, interested underlying MX deployment. at $400 m1llion. None of this 1bears much rela­ federal agencies are showing support for such tion to res.Ii ty. legislation-with the possible exception of There is a single thread that runs The Stevens amendment was tacked on to the Interior Department, which still objects through these articles, even if it is un­ the bill appropriating 670 million in the to some aspects of the simplifying approach. stated, and that is the absolute impor­ current fiscal year for planning and develop­ Proposed legislation ls being drafted by tance of thinking clearly about our de­ ing this pie-eyed proposition. The amend­ Air Force lawyers and may be introduced fense needs. We seem all too often to ment tells the President to continue develop­ fairly soon, officials said. be trapped in a ritual of action and re­ ing the MX, but to make no specific com­ mitments to the racetrack scheme. Better Among other things, defense officials would action when it comes to defense. From and cheaper alternatives may be discovered. like to dispense with a requirement that the late 1960's to the middle 1970's con­ costly environmental studies must be con­ gressional, media and antidefense group One suggested alternative is to load the ducted of all possible sites for the MX bases. missiles aboard STOL (short takeoff and In addition to the time involved, the officials pressure to cut our defense forces re­ landing) aircraft that could leap into action sulted in a drastically reduced defense said, a single environmental study sometimes like doodlebugs at th~ first hint of a Soviet can cost millions of dollars. capability. Now we are trying to quickly strike. Another proposal · is put the mis­ to What they would like to do is limit en­ undo the damage done over many years siles aboard submarines in the Great Lakes. vironmental studies to the valleys that are by the critics of national defense. This These vessels would ·be relatively inexpensive, logical possibilities as bases for the new mo­ hurried reaction, of course, results in or so it is said, and the crews could take bile missiles. ideas and systems not thoroughly under­ shore leave in Chicago, Duluth and Che­ boygan, thus supporting the local tradesmen. stood. AGING TITAN MISSILE FOUND A THREAT TO ITS There are better alternatives still. We could U.S. CREWS What we need is a clear, energetic and begin by rejecting the pending treaty on creative attitude among those responsi­ strategic arms limitation. The treaty has a (By Walter Pincus) ble for national defense, including the thousand flaws, but the worst of its fia.ws WASHINGTON.-The biggest missile in the Congress and the administration. We is this: It would effectively compel our gov­ U.S. arsenal has grown so old and so tricky to have to stop this action-reaction syn­ ernment to build and to deploy all the handle that it may be more of a threat to its drome. We have to think of ourselves launchers permitted under the treaty's Air Force crews than to the Soviets. Congress November 28, 19 79 EXTENSIONS OF REMARKS 33969 quietly has asked the Pentagon to look into the missiles operational and "on alert indefi­ that went on to play a crucial role in the its safety problems. nitely," according to an Air Force spokesman. ultimate outcome of the Revolutionary At the same time, the 17-year-old Titan II That is turning out to be quite a chal­ War.• ls so big that despite the fact that only 54 of lenge.e them remain, they constitute a third of the land-based nuclear destructive power the IT IS TIME FOR LOCAL ENERGY United States could launch against an TRIBUTE TO VALLEY FORGE enemy. INITIATIVES Thus, at a time when critics accuse the Carter adm.inistration of permitting the na­ HON. LAMAR GUDGER HON. GEORGE E. BROWN, JR. tion to fall behind the Soviet Union in de­ OF NORTH CAROLINA liverable destruction, decommissioning the OF CALIFORNIA Titan poses a political problem. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Interviews with omcials, the Wednesday, November 28, 1979 Pentagon and on indicate that Wednesday, November 28, 1979 the giant liquid-fueled intercontinental bal­ e Mr. GUDGER. Mr. Speaker I rise to e Mr. BROWN of California. Mr. lastic missile is today less a dangerous call to the attention of my colleagues Speaker, as the Congress continues to symbol in the often irrational strategic arms that the House Committee on Interior deal with the energy problems of this race. and Insular A.ff airs recently reported country, it is important for us to remem­ When the Titan II became operational in favorably H.R. 4308 which would au­ 1962, these monster rockets-each with a ber all aspects of the energy situation, thorize funds for the protection, reha­ from the international to the local level. nine-megaton warhead, 750 times more bilitation, or preservation of property powerful tha.n the Hiroshima bomb-had a What is often forgotten as the headlines role to play in threatening destruction to in the vicinity of Valley Forge National dwell on international and national de­ large Soviet and Chinese cities. Park in Pennsylvania. velopments is the end uses of energy, and Today, accidents involving the missile's So often we do not appreciate the the initiatives local governments and toxic liquid fuel occur regularly in a weapon privileges we enjoy as Americans under groups can take to dramatically reduce system whose military mission seems all but our democratic system of government. the use of energy. to have faded away. I think it is important that we take A recent article by Neil Peirce, who is Last year, for example, 2 people were a moment to reflect upon the sut!erings killed and 27 hospitalized in Kansas and Ar­ noted for his analysis of local govern­ kansas in two accidents associated with the of the Continental Army during that ments, was devoted to this topic. I be­ highly toxic liquid propellants used in the winter at Valley Forge. Perhaps by do­ lieve every Member of this body would Titan !Is. ing this and remembering how our fore­ find this article of interest. I can only Twenty more were sent to hospitals in f athers endured and triumphed in times hope and urge that other local govern­ smaller incidents at Titan silos that hap­ of trouble, we can, as an American ments will take initiatives similar to pened as far back as 1974, according to an people, draw from this to those identified in this article, and that Air Force report recently sent to Congress. help us triumph in these very troubled the Congress will continue to support Why a.re these aging missiles kept oper­ times. ational some seven years after they origi­ such local initiatives. nally were scheduled for retirement? As you recall, General Washington At this time I wish to insert this article Interviews with key White House and Pen­ made camp at Valley Forge after being in the RECORD. tagon omcials indicate the primary reasons forced out of Philadelphia by the British The article follows: are political, rather than .military. forces under the command of Sir William [From the Los Angeles Times, Nov. 25, 1979] Phasing out of the Titan II was announced Howe. So while the British soldiers en­ publicly in early 1967, and at that time the joyed the comforts of accommodations ENERGY WAR WILL BE WON ON HOME FRONT Air Force said it would halt the :purchase in the city, the patriots made camp on (By Neal Peirce) of new missiles for test purposes. the lonely plain at Valley Forge. The nation's ability to conserve energy and "They became obsolete in 1971," a former That winter of 1777 was a time of ex­ thus weather the severe energy shortages that officer in the Air Force missile program said loom in the 1980s will be a key test of Amer­ recently. "They never were considered reli­ treme suffering and deprivation. The ican federalism. able," and "never in a meaningful way fit men suffered terribly from lack of ade­ From President Garter on down, there's into our force planning," he said. quate medical care, shelter, clothing, and growing consensus that the cumulative bene­ The United States had hoped the Titan ll food. Infectious diseases such as cholera fits from conservation-in weatherization, missile could be traded for the Soviet Union's and pneumonia swept throughout the better building design, in mass transit, car­ heavy missiles in arms-control negotiations, camp. The patriots were housed in wood­ pools, vanpools, in more compact land use­ a White House aide recently said. To date, en huts with mud chinking to keep out could be enormous. however, the Soviets have not agreed. the fearful winter winds. Clothing was But while Americans wait for some grand Nonetheless the Titan !Is were given new presidential gesture or congressional enact­ scarce and threadbare. Sentries were ment to set a course, it's actually in the na­ life, this time as a bargaining chip. They also seen standing on their hats to shield gained symbolic meaning more recently in tion's states, counties and cities, in individual the domestic arena.. their feet from the cold of the winter homes, workplaces and neighborhoods, that ground. The sick were robbed of their the conservation battle must be won. "They are a psychological blanket," one Washington may be able to help some, with Capitol Hill staff aide said. "They are the clothing because they were too weak to defend themselves. The dead were strip­ bigger tax breaks for weatherizatlon, for in­ only big missile we have around to compare stance. But states and localities have the with what the Soviets have." ped naked before burial. Food was hard real power: to regulate utilities' rates and The primary U.S. land-based missiles are to obtain. On many days, the men drew practices, to control zoning and land use, to the 1,000 Minuteman !Is and Ills. These mis­ no rations at all. On other days, they regulate highway patterns, to build and con­ siles, much smaller than the liquid-fueled had flour rations which they mixed with trol transit systems, to enact building codes, Titans, are considered safer because they water and cooked over the hot embers to dispose of waste, to decide on siting of use solid-fuel propellants. of their fire. The loss of human life was parks and schools and community centers. Militarily they are more effective because tremendous because of these overwhelm­ All these decisions have profound effect on of more accurate guidance systems and be­ the patterns of daily life, work and move­ cause, in the case of the 550 Minuteman Ills, ing circwnstances. ment, and thus on the amount of energy they carry three warheads instead of one. The mere fact that the Army survived Americans actually use. All 1,000 Minuteman missiles, however, the winter was a testament to the lead­ A stronger clarion call for conservation represent 820 megatons of nuclear destruc­ ership of General Washington and the from the nation's capital may help. But it is tive power. The 54 Titans accounts for 486 men themselves. However, not only did the states and localities that must mount the megatons. the Army survive, but it matured and requisite massive education job (attuned to Thus, should the Titans be dismantled, grew in a qualitative sense. As a result each area's particular climate) . It is these over-all mega.tonnage in the U.S. arsenal jurisdictions which must pass mandatory would drop by one-third. of enduring the daily hardship and mis­ ery as well as the rigorous, seemingly conservation laws and mount a grassroots At a time when critics of the administra­ mobilization effort comparable to the local­ tion and the strategic arms limitation treaty constant drills and maneuvers, the Con­ ities' role in the World War II mobilization (SALT 11) are pointing out the large ad­ tinental Army emerged from the winter effort. vantage the Soviets have in megatonnage, at Valley Forge as an organized, cohe­ Washington's familiar 1960s and 1970s re­ dropping the aging Titans could be politi­ sive, and disciplined unit of soldiers. This sponse to national domestic problems-ma­ cally disastrous. cadre of experienced officers and men jor funding programs, replete with an in­ Thus the Air Force has been told to keep was to form the nucleus of the Army finite array of rules and conditions-simply 33970 EXTENSIONS OF REMARKS November 28, 1979 won't work on the conservation front. Imag­ The second danger ls in bypassing the there are thousands of Cuban guns and gun­ ine the federal energy department, given its states. The states are constitutionally re­ men in their midst, and whose presence already stellar record of bureaucratic incom­ sponsible for their localities. They have vast there our former ambassador to the United petence, attempting to fund and regulate en­ regulatory powers and they expend vast Nations, Andrew Young, incredibly and ir­ ergy conservation programs in tens of thou­ a.mounts for local ca.pita.I and operating ex­ responsibly called a "sta.b111zing in:tluence." sands of localities. One shudders at the very penses. If federal energy a.id :flowed through Castro's minions are not acting on their prospect. the states-perhaps with a requirement own. Cuba. is a. craven puppet of Russia, so Given the dominance of the federal in­ that almost all of it be passed through to if her efforts are successful, it would mean come tax as a revenue raiser, some forms of localities-state governments could devise giving the Russians wha.t amounts to two national assistance may be necessary to help incentives for cities and counties to act. The representatives on the Security Council. You local conservation plans along. But the help states could involve suburbs, where some of don't have to be e. foreign policy expert to should be light, the conditions virtually the greatest energy-saving potential lies. figure that one out. nonexistent. Overregulation can kill local And by coordinating their own actions with Actually, the only imperialistic nation on initiative and imagination. those of their localities, they could multiply the face of the globe today ls Russia. None ThE re a.re ample reasons for states and lo­ the benefit several times over for each dollar of the big European countries which used calitiE s to develop thorough conservation invested. to be colonial powers before World War 2 plans whether they get any outside help or Some say federalism is a qua.int, out­ dominate others. Only Russia fits the defini­ not. 1 very dollar a city or its citizens and moded doctrine, irrelevant for times of tion of exerting "indirect control over the businesses "exports" to utilities or oil com­ stress. But in this vast nation, quite the op­ political or economic life of other areas." panies for energy reduces the money avail­ posite may be true. Federalism respects real Russia's, and now Cuba's, use of the shop­ able for economic activity and job creation power, it can tailor policies for a thousand worn reference to the United States as an within. and one special local circumstances. By 1mper1al1st1c nation ls a. glaring example of For example, Portland, Ore., which this being locally democratic, it can evince re­ the Big Lie technique developed by the.Nazis. summer adopted what is probably the na­ sponsiveness and creativity and effective­ After the Spanish-American War we tion's most comprehensive local energy plan, ness. It would be hard to conceive a. more promptly gave Cuba its independence. estimates that by 1995 it can be saving $162 appropriate system to attack the energy The Philippine Islands were under Ameri­ million annually by cutting back citywide conservation challenge of the '805.e can control in a sort of commonwealth energy use by 30 % . status, with their own government, but we The Portland plan illustrates both the soon turned them loose. marketing and "teeth" required in a. truly WHO'S AN IMPERIALIST? Not interested in direct or indirect acquisi­ significant local plan. After 1983, any Port­ tions, we liberated or offered to liberate all land homeowner who hasn't weatherized his the islands we used in the Pacific during or her house to energy "cost etnciency"-a.11 HON. ROB'ERT J. LAGOMARSINO World War 2. improvements, from storm windows to in­ OF CALIFORNIA The Carter administration succeeded in sulation, that will pay themselves back in ending America's ownership of the Panama reduced heating and cooling costs within 10 IN THE HOUSE OF REPRESENTATIVES Canal. years--simply wont' be allowed to resell the Wednesday, November 28, 1979 On any given day this month or next, the house. Apartment-house owners and busi­ United States would be willing to grant nesses will face similarly stiff requirements. e Mr. LAGOMARSINO. Mr. Speaker, Puerto Rico its independence. The reason To sweeten the pill, Portland plans a door­ following is an editorial by William this will not happen is tha.t 94 per cent of to-door marketing campaign to explain the Randolph Hearst, Jr. regarding the the Puerto Ricans want to remain where new rules, plus "one-stop" weatherlzatlon fallacious epithet "imperialist" which is they a.re in an American protectorate with centers to help homeowners arrange for en­ often used to describe the United States. the advantage of American citizenship. ergy audits, get financing, arrange for con­ As Mr. Hearst states, the very nations Only in a. communist jargon dictionary tractors and explain tax credits. Poorer fa.m­ which use the term most. regularly are can our record be defined as that of an im­ mes may receive subsidized loans, financed perialistic nation. Ours is a consistent record through either federal grants or a local those to whom it best applies. of e country that for 200 years has cherished bond issue to create a revolving loan pool. The article follows: freedom, not only for ourselves but for others The city's promise: For combined monthly WHO'S AN IMPERIALIST? a.s well. It is the American tradition we .a.re energy bills and weatheriza.tlon loan pay­ (By Wllliam Randolph Hearst, Jr.) proud to teach to our children. ments, no one will have to pay more (in NEW Yoax.--One of the most used, and By contrast, the Soviet Union is a. colonial constant dollars) than his or her energy blll most a.bused, words in the language of in­ . nation of the most imperialistic sort. alone cost before. ternational controversy these days is "im­ The communist cancer has been spreading. Portland's plan goes beyond weatheriza­ perialism." It has been felt in Afghanistan and So­ tlon. There is a. major land-use component, It crops up in almost every debate between malia, Ethiopia. and Angola. By way of Cuba encouraging more dense housing (multi­ leaders of the enslaved Ea.stern World and it has found its way to Nicaragua, where family and attached units) and concen­ the free Western World. The la.test use and the Sandinistas never could have ta.ken over trated developments of housing, reta111ng and conspicuous abuse of the word happened on the country without the help of a Cuban­ omces, all accessible by mass transit. The the fioor of that great debating society on trained cadre, and probably to El Salvador goal ls to save energy by reducing the num­ where rebels are starting another revolution. ber and length of trips. the banks of New York's Ea.st River, the so­ ca.lled "United Nations." Imperialist is a. dirty word a.11 right, but New Portland did receive a federal Cuba, a. self-sty•led "non-aligned nation," grant to conduct a detailed city energy it hardly fits a nation like the United States used "imperialist" as an epithet in an at­ which, with all our faults, is ready to give audit. But the crucial process was all local. tempt to slander the United States. Castro's A broadly representative energy steering milllons of dollars to help starving and dying country has been wrangling with Colombia Cambodians, and would do so 1f the Soviet commlttee--people from business, labor, over rights to a pew in the Security Council ut111ties, neighborhoods, envlronmenta.llsts, Union were not standing in the way. bankers, worked on the plan for eight of the United Nations, and not for exactly To talk of an imperialist nation is to sug­ months, weeded out politically impractical altruistic reasons. Cuba. wants to represent guest a warlike nation, which the United elements, and created a. master plan with the Third World at the U.N., and its mouth­ States certainly is not. The Camp David ac­ impressive community credib111ty. pieces are not hesitant to give the reason cords are a classic and truly historic example why. of the peaceful instincts of our land. Portland-style plans could provide a tran­ They want to put an end to what they sition to a. new energy age with emctency call the domination of the United Nations In my opinion the noblest achievement and grace, without severe social discord. The by the United States. And the United States, of the Carter administration's foreign policy alternative: general procrastination until according to them is "the most imperialist were those accords, and the president's dire energy shortages occur and Washing­ country in the world." ab111ty to get Israel's Mena.chem Begin and ton seeks emergency power to impose dra­ Egypt's Anwar Sadat to sup and sign to­ conian measures. Let's just take a. look at the source and gether. substance of the slander. Several big national bills to aid local en­ The Soviet Union, whose Cuban puppets ergy efforts a.re now pending. One written Webster's Seventh New Collegiate Dic­ call the United States imperialist, has op­ by the cities' lobby and introduced by Sen. tionary defines imperialism as follows. It is posed those accords and the beginning of a Paul Tsongas (D-Mass.) would hand out "the policy, practice or advocacy of extend­ Middle Ea.st peace all a.long. $5 billion in direct federal grants to locali­ ing the power and dominion of a. nation, es­ ties for everything from local energy plan­ pecially by direct territorial acquisitions or Russia's word has never been its bond, as ning to actual capital for district heating by gaining indirect control over the political President Kennedy found out when told plants. or economic life of other areas." there were no Russian missiles on Cuba.. This There are dangers to that approach. First, Does that description apply to the United is something for our Congress to ponder a.s with so much money pending, localities States of America. or CUba? Ask Nicaraguans it debates the SALT II treaty. might put off their own initiatives. Federal W'ho know of the presence of Cuban-trained You can't trust them when they say paternalism could undercut the strong local soldiers among those W'ho have taken over "nyet," because they could mean "da." consensus needed for energy conservation. their country. Or ask Africans who know And "da." could mean "nyet," yet.e November 2B, 1979 EXTENSIONS OF REMARKS 33971 F'ORT SMITH, ARK.: AN INDUSTRIAL estimated 95,000 new jobs in the process, work in Fort Smith, Sugg figured. He figured SUCCESS STORY accord·ing to Chamber of Commerce surveys about 33,110 Oklahomans are earning their annually of local industries. living in Arkansas there. During the sa.me years 681 industrial ex­ Fort Smith, not noted primarily as a tour­ HON. JOHN P. HAMMERSCHMIDT pansions have required about $236 million in ist city, managed to attract about 100,000 capital investments, crea.ting more than OF ARKANSAS tourists last year, Sugg and Latture pointed 17,000 new Jobs, the same source indicated. out. The prime attraction is the Fort Smith IN THE HOUSE OF REPRESENTATIVES Yet, the Fort Smith Standard Metropoli­ National Historic Site and its museum, gal­ Wednesday, November 28, 1979 tan Statistical Area-which includes Sebas­ lows and courtroom used by the legendary tian and Crawford counties plus two adjoin­ Judge Isaac C. Parker a century ago. The e Mr. HAMMERSCHMIDT. Mr. ing Oklahoma. counties--stlll had a. 7.7 per­ park is being enlarged from the present Speaker, over the last 24 years, the city cent unemployment rate in September. Na­ 17 acres to 75 acres and about $6.5 million in of Fort Smith, Ark., has amassed quite tional economic conditions are reflected at federal funds are going into the redevelop­ an economic development success story. Fort Smith. ment of the surrounding area, Sugg said. "We're tied pretty much to housing," said iBelle Grove Historical District contains New industrial installations and expan­ Latture about the city wdth 27 furniture numerous restorations of 19th century homes sions since 1957 have created approxi­ plants in addition to large air conditioning, and some light commercial developments in­ mately 112,000 new jobs, which have heating and home app'liance manufacturers. side historic surroundings. Wide Garrison helped cushion the area from the e1f ects "We're interested in companies paying good Avenue is seeing sizable downtown redevel­ of economic downturns felt more keenly wages and which are not too seasonal. ... We opment investments from both the public in other parts of the Nation. don't want to stink up our air, foul up our and private sector. ·Huge Central City Mall water, or use all our (natural) gas. We need is one of the largest in the Southwest and Perhaps my colleagues will recall an a lot more small payrolls." article in the CONGRESSIONAL RECORD of the smaller and older Phoenix Village Shop­ "Small?" Some of Fort Smith's industries ping Center continues to expand. July 27, in which it was· noted that the aren't--Whirlpool Corp. employs about 4,000 Fort Smith earlier this year lost airline Bureau of the Census has listed the Fort workers at its plant which covers 42 acres service by Braniff International. Skywa.ys 1s Smith Standard Metropolitan Statistical under one roof. Rheem has another 2,000 curtailing flights in mid-November and plans Arear-two Arkansas counties a.nd two workers; Baldor Electric works 1,500 and · to eliminate service in January. Frontier con­ Oklahoma counties---as the ninth fast­ Riverside Furniture employs 1,200. tinues its air service to the city. Gerber Products Co., which employs 500 Missouri Pacific Lines, Frisco and Kansas est growing SMSA during the 1970-75 people who turn out baby foods, influences period. City Southern railroads serve the city and its farming over a. wide area., La.tture noted, say­ industrial areas. KCS has a. 2,000-acre indus­ Many factors contribute to Fort ing the company buys vegetables from farm­ trial park. Smith's health and growing economy: ers in East Arkansas, Oklahoma., Texas and Arkansas River navigation at Fort Smith is Natural resources such as gas, transpor­ other states. rounding out its first decade. Port Manager tation facilities, reliable labor force, the At a time when industrial natural gas con­ N. M. "Buck" Shell said recently the facmty intangibles that make up a good quality tracts aren't what many industrial developers handles cargo for customers as near as Whirl­ wish they were, the industrial seekers at Fort pool and Rheem and as distant as Oklaihoma of life, a.nd active recruitment of indus­ Smith haven't suffered. try led by Chamber of Commerce Execu­ City, Dallas-Fort Worth and New Mexico. "Five years ago, we had a. 17-year reserve of About 30 percent of the cargo inbound even­ tive Paul Latture. natural gas and now we have a. 25-yea.r re­ tually goes out of state overland from Fort Arkansas' right to work law was also serve," said Richard B. Sugg, assistant man­ Smith after making its way upstream by mentioned as a major factor in that ager of the Fort Smith Chamber of Com­ barge, Shell said. growth, and is again cited in a more re­ merce, who works closely with La.tture on Actually located on the Poteau River .a cent new story, which is included for my industrial development matters. short distance from the Arkansas River "We can supply any one customer up to 10 channel, the port recently completed a. $437,- colleagues attention this afternoon. million cubic feet (of gas) a. day, and right "Fort Smith: An Industrial Success 000 turning basin which required removal of now there are 30 to 40 active drilling rigs a.bout 192,000 cubic yards of dirt. Story," written by Randy Tardy, busi­ opera.ting in this area.." Arkansas Oklahoma Latture's industrial development record is ness editor for the Arkansas Democrat Gas Corp. supplies natural gas to the area. well known. He praises the former Arkansas newspaper in Little Rock, follows: Electricity is provided by Oklahoma. Gas and Industrial Development Commission and its FoRT SMITH: AN INDUSTRIAL SUCCESS STORY Electric Co. successor agency, the Arkansas Economic Sugg illustrated the area's natural gas sit­ Development Department, for industrial (By Randy Tardy) uation with a recent example saying, "When FoRT SMITH.-Leadership, labor, land, liv­ prospect help over the yea.rs. He speaks openly Planters Peanuts wanted to pour concrete for a.bout community leadership and involve­ ab111ty-and Paul Latture, are some of the their plant's parking lot they had to ca.p two basic ingredients which have gone into a ment, cooperation of local bankers and other producing gas wells to do so." He said the financial people. successful industrial development story wells weren't sizable producers, but were pro­ called Fort Smith. ducers, nevertheless. The economy is now built on a. firm foun­ Add a plentiful, repeat--plentiful-supply "We've got everything in the world you've dation where once it suffered from military of natural gas, stir the ingredients together got in Chicago or wherever, except we're decisions reflected in the closing and open­ for 25 years, and the results aren't hard to not as big," La.tture said he tells visiting in­ ing of nearby Fort Chaffee with little or no find in this western Arkansas city on the dustrial prospects from the Midwest, East advance notice. The huge military complex, Oklahoma border. and other parts of the country. Liva.billty, he now deactivated, last served a few years ago as Latture, a Beebe native now a 24-year added, is evidenced in the local arts and cul­ the first haven in the U.S. for Vietnamese Chamber of Commerce veteran at Fort Smith, tural endeavors, nearby mountains and refugees. Many have remained at Fort Smith remembers taking a "$2,000 cut in pay" when streams, educational facilities, beautiful res­ and settled into the community mainstream, he left a staff position with the Tulsa Cham­ idential areas and a. regional hospital and including industrial jobs. ber of Commerce in 1955 and took on a man­ medical center complex which has attracted "You've got to get down on a first-hand ager's job because he thought Fort Smith outstanding specialists in many different basis with your prospects where they've got was "a sleeping giant." fields of medicine. confidence in you," Latture said of his in­ Now, after nearly a quarter-century on the "Every bit of available (industrial and dustrial philosophy, "you've got to be honest. job, his industrial development efforts are commercial) land is in my files," Latture said If you've got labor problems, tell 'em, if the reflected in many shiny ground-breaking of the chamber's industrial site a.va.lla.bilities, property site floods, tell 'em. shovels hanging from his office walls. adding that "(Realtors) still get their fee" "Be prepared--soil borings, contour maps The more than 40 shovels bear company if and when a. prospect wants the particular of sites, cost figures-the whole works. Three names and ground-breaking dates-big site. bankers, comprise my industrial committee. names like Whirlpool, Rheem, Baldor, Gerber, La.tture and Sugg both pointed out that Prospects know we're not gonna. lie in front Inland Container, Hoerner Waldorf, Arkan­ industrial development, much in evidence of a. banker. Prospects also want to visit key sas Best Corp., Mead Papers, Corp., Gen­ on the Arkansas side, does not extend across people at existing industries. I'll take them, eral Electric, Riverside Furniture, Planters into Oklahoma, at least at Fort Smith. He let them talk to who they want to, I'll sit Peanuts and about three dozen others. said land in Oklahoma brings a.bout $3,000 to out in the lobby. Word gets around a.bout "We're getting ready to hang up Hiram $4,000 an acre compared to a.bout $20,000 an you. Walker & Sons, Inc., shovel pretty soon," Lat­ acre on the Arkansas side at Fort Smith. "In the 1974 recession, we never knew any­ ture said, noting that the well known distil­ Arkansas has a. Right-to-Work law. Okla­ thing went on." lery is starting to build a. $37 million plant on homa. doesn't. Sugg recently described the On a. single day in 1974, Ball Plastics and a. 43-acre site in South Fort Smith and will state line as "the Right-to-Work line" to a Transkrit Corp. each broke ground on plants, close its Peoria., Ill., headquarters distillery. group of visiting Oklahoma City Chamber and ribbon-cutting ceremonies took place at In all, 170 companies at Fort Smith have of Commerce members visiting the area. And Planters Peanuts and Gould Battery. Tota.I invested more than. $100 million in new about 43 percent of the 77,000 people working Investment--$40 million at Fort Smith, plants between 1967 and 1978 and created an in Fort Smith daily live in Oklahoma. and Ark .• 33972 EXTENSIONS OF REMARKS November 28, 1979 THE UNIFORM PRODUCT LIABILITY interested" in undertaking such a proj­ burden of producing a product with an alter­ ACT ect. Hence, it would appear that the de­ native design that would have prevented sired uniformity might, as a practical those harms, and the adverse effect of that alternative design on the usefulness of the 1 matter, be achieved only through Con­ HON. JOHN J. LaFALCE gressional action. (If each State would product. The Act also outlines some highly OF NEW YORK relevant evidence that the court and the trier attempt to adopt the uniform liability of fact can use in making this evaluation. IN THE HOUSE OF REPRESENTATIVES law, undoubtedly 50 different laws would 3. Duty to Warn.-With respect to prod­ Wednesday, November 28, 1979 result. For example, Connecticut has ucts that are allegedly defective because the adopted three-fourths of the draft Uni­ product seller failed to provide an adequate • Mr. LAFALCE. Mr. Speaker, I am form Product Liability Act.) warning or instruction with its product, the pleased to introduce today the Uniform Accordingly, I am introducing this bill Act also adopts a fa.ult standard. Again, a Product Liability Act, crafted by Prof. for congressional consideration as a formula is utilized. The claimant must prove Victor Schwartz of the Commerce De­ vehicle to preempt existing State laws that at the time of manufacture, the likeli­ partment's Task Force on Product Lia­ concerning product liability. However, hood that the product would cause the bility. this bill for all practical purpo,ses incor­ claimants harm or similar harms and the The act is prompted by the exorbitant seriousness of those harms rendered the porates verbatim the text of the Uniform manufacturer's instructions or warnings in­ product liability premiums being charged Product Liability Act as drafted by the adequate, and that the manufacturer should the business community, especially small Department of Commerce. While a brief and could have provided the instructions or businesses. Both my small business sub­ description of the act follows my re­ warnings that claimant alleges would have committee and the Interagency Task marks, an extended discussion of the been adequate. The Act then outlines some Force identified uncertainty in the prod­ various provisions of this act might be highly probative evidence that the court and uct liability tort litigation system as one found at 44 Federal Register 62714 rker Compensation sta.tute. ance standard, is admissible but is given no until after tha.t time. On the other hand, the Act preserves the special evidentiary weight. 3. Statute of Limitations.-The statute of employer's Worker Compensation shield and If a product seller proves that it was not limitations under the Act is two yea.rs from does not permit a product seller to bring a within practical technological feasibility for the time the claimant discovered or in the contribution claim against him. The .wp­ him to make the product safer with respect exercise of due diligence should have dis­ proach substantia.Uy reduces current Utiga­ to design and warnings or instructions at the covered the ha.rm and its ca.use (•section tion costs rwithout diminishing a.n eIIl!Ployee's time of manufacture so as to have prevented 110). right to recover in a product UabHity claim claimant's harm, it will, in general, not be I. COMPARATIVE RESPONSIBILITY AND APPOR­ (*Section 114). liable for defect in design or failure to warn TIONMENT OF DAMAGES M. SANCTIONS AGAINST THE BRINGING OF FRIVO­ or instruct. "Practical technological feasibil­ All cla.ims under the Act a.re governed by LOUS CLAIMS AND DEFENSES ity" means the technical, mechanical, and the principle of comparative responstbility A.my party to a product liability claim m,a.y scientific knowledge relating to product In determining the percenta.ges of responsi­ seek reimbursement for reasonable attorneys' safety that was reasonably feasible for use, bil1ty, both the nature of the conduct of the fees 8JDJd. other costs that would not have in light of economic practicality, at the person or entity responsible and the exten.t been incurred but for the !-act tha.t the op­ time of manufacture. of the proximate causal relation between posing party pursued a claim or defense that There are important exceptions to this rule. the conduct and the damages a.re to be con­ was frivolous. Under the Act, a claim oc de­ The product seller may be liable if It acted sidered by the trier of fa.ct. fense ls considered frivolous if the court de­ unreasonably in selling the product at all; Damages a.re to be apportioned severally termines that it was !Without any reasonable violated an express warranty; or failed to and not jointly when a party is responsible legal or t:fa.ctua.l 1basis ( •Section 1.lr5) . meet a. post-manufacture duty to warn about for a distinct harm or when there is some N. ARBITRATION the product (•section 107). other reasonable basis for apportioning that In gener;aJ, when the a.mount in dispute is F. RELEVANCE OF LEGISLATIVE OR ADMINISTRATIVE party's responsibility for the ha.rm. Other­ less than $50,000, any party may by motion REGULATORY STANDARDS AND MANDATORY GOV­ wise, a judgment ls entered against ea.ch institute a pre-trial Mlbitration proceedlng. ERNMENT CONTRACT SPECIFICATION party liable on the basis of the common law The Aot provides that a party dissatisfied rules of joint and several liability (•section with the e.rt>itra.tion results ma.y denui.nd a If the injury-causing aspect of a product 111). was in compliance with a legislative enact­ full trial. However, the results of the arbi­ ment or administrative regulation relating J. CONDUCT AFFECTING COMPARATIVE tration will be admitted in evidence, and if to design or performance, it shall not be RESPONSIBIL1TY the party who demanded the trial fails to deemed defective unless the claimant proves 1. Failure to Discover a Defective Con­ obtain a judgment that is more f;a.vora'ble that a reasonably prudent product seller dition.-A claimant is not required to ha.ve than one rendered in the a.rbitratdon pro­ inspected the product for a defective con­ ceeding, it will have to pay the cost Of the would and could have taken additional pre­ a.rbitN.tion (*Section 116). cautions. Conversely, if the injury-ca.using dition. However, 1f he is injured by a product aspect of the product was not in compliance with a defective condition that would be ap­ O. EXPERT TESTIMONY with such a standard, the product shall be parent without inspection, his damages are The Act gives the court power to make subject to reduction. deemed defective unless the product seller use of court-appointed experts. It also pro­ proves that its failure to comply was a rea­ 2. Use of Product With a Known Defective vides, in appropriate cases, for a "pre­ sonably prudent course of conduct under Condition.-When a. cl&imant knew a.bout a trial" expert screening procedure. The pur- product's defective condition and volunt.ar­ the circumstances. pose of the procedure is to prevent un­ ily used it, his dam.ages shall be subject to qualified experts from testifying at trial Compliance with mandatory government reduction to the extent that the trier of tact (Section 117) . CXXV--2136-Pa.rt 26 33974 EXTENSIONS OF REMARKS November 28, 1979

P. NON-PECUNIARY DAMAGES moment to extend any further credit or as­ a specific or broader context. If we start to­ The Act reminds the court of its in­ sistance. Much of the basic information that day with the Chrysler Corporation, who will herent power. to review pain and suffer­ Congress should have before passing judg­ we see tomorrow? Recent press reports indi­ ing and other non-pecuniary damage ment either is not available at this time cate that Conrail, the government-subsidized awards for excessiveness. In an optional and will not be available for several months private railroad which arose from the rem­ provision, non-pecuniary damages are lim­ or is extremely vague. In connection with nants of the bankrupt Penn Central and six ited to $25,000 or twice the amount of the current problem, the Committee has other alling railroads, is on the verge of pecuniary damages (whichever is less) . failed to study the long-term impact on bankruptcy after more than $1 billion of unless the claimant has suffered serious, Federal loan guarantees upon credit alloca­ accumulated losses over the three years. permanent, or prolonged harm (•Section tion and inflation. The impact of govern­ Ford Motor Company, which steadily has 118) . ment regulations of the automobile indus­ been losing its market share in the last few try, together with a study of the costs and years, privately has forecast a loss of more Q . THE COLLATERAL SOURCE RULE benefits of those regulations, have gone un­ The Act provides that product liability than $1 billion in 1979 and about as much noticed in the present situation. The alter­ next year in its North American automotive awards shall be reduced by any compensa­ native of a Chapter 11 reorganization of operations. Before we legislate blindly, we tion received from a "public source." The Chrysler under the new bankruptcy code is must be aware that these and other com­ term "public source" denotes a fund more one that bas not received adequate study. panies may be supplicants for the Federal than half of which is derived from general For these reasons the Chrysler Corporation dollar in the future. tax revenues (*Section 119). Loan Guarantee Act of 1979 should not be THE FEDERAL ASSISTANCE TO CHRYSLER--THE R. PUNITIVE DAMAGES approved. RISK IS TOO HIGH The Act provides that punitive damages Finally, we would like to emphasize that may only be awarded if the claimant shows our opposition to granting any Federal as­ One of our great objections to the issuance by clear and convincing evidence that the sistance to the Chrysler Corporation is not of Federal loan guarantees to Chrysler is the harm resulted from the product seller's reck­ a partisan issue. Indeed, a review of the risk associated with this plan. There is a high less d,isregard for the safety of product Committee vote to report the legislation probabllity that Chrysler will not survive users. The Act also provides that while the shows that five majority members voted even after it receives Federal assistance. In jury may determine whether punitive dam­ against the bill, while three minority mem­ fact when pressed on this point in his ap­ ages should be awarded, the court must bers voted in favor of the Administration's pearance before the Committee, Secretary of make the determination as to the amount proposal. Many prominent republicans, such the Treasury G. William Miller saw a reason­ of those damages. In making this deter­ as former President Gerald Ford and Wil­ able probability for the success of this plan mination, the court is instructed to con­ liam Brock, Chairman of the Republican but admitted that " ... I don't think that sider the total effect of other punishment National Committee, have been in touch anyone can give a guarantee (that the plan imposed or likely to be imposed on the with many minority members in support of will work] because none of us can predict product seller as well as other relevant fac­ Chrysler's position. So the record should what will happen." tors (•section 120) ·• be clear that while Chrysler may have polit­ The uncertainty associated with the bail­ ical problems in selling its proposal, these out of Chrysler rests on the several assump­ problems are by no means partisan ones. tions which are incorporated into plan. If any of these assumptions prove to DISSENTING VIEWS ON THE A DANGEROUS PRECEDENT 1 be even slightly otr, then the ·chances of the CHRYSLER CORPORATION LOAN Whatever action the House of Representa­ corporation :remaining solvent even with GUARANTEE ACT OF 1979, H.R. tives takes regarding Chrysler Corporation, Federal assistance are seriously jeopardized. 5860 there should be no mistake about the prece­ One of the key assumptions in the Chrys­ dent that the House will be creating. Clearly, ler plan ls that Chrysler will increase itll we are establishing precedents of both a share of the auto market by two per cent by HON. J. WILLIAM STANTON procedural and substantive nature. 1984. Unfortunately, the prospects for this OF OHIO Procedurally, if Federal assistance to increase are not bright. During bis appear­ Chrysler ls granted by the Congress it will IN THE HOUSE OF REPRESENTATIVES ance before the Committee, Alan Greenspan, be t.he first time that specific loan guarantees a former Chairman of the Council of Eco­ Wednesday, November 28, 1979 are awarded prior to the presentation of a nomic Advisors called such an increase in STANTON. Mr. Speaker, soon complete and financially sound economic market share "rare." Moreover, just last week •Mr. plan for the borrower's survival. In the case when he appeared before the Senate Bank­ the Congress will consider legislation of both the Lockheed Corporation and New ing Committee, Lee Iacocca, Chairman of that would grant Federal loan guaran­ York City, such plans were presented in a Chrysler, admitted that company has already tees to aid the Chrysler Corp. Before this completed form before Federal assistance reduced its forecast of the total U.S. car issue is debated on the floor of the House was forthcoming. In the case of the Chrysler market in 1980 to about 9.3 million units, of Representatives, I urge my colleagues Corporation, however, under Sec. 3 of H.R. down from the 10.5 million units it had to view this excerpt from the dissenting 5860, only "satisfactory" operating and fi­ relied on earlier. If this trend continues into views which are part of the committee nancing plans are required to be submitted 1981 he stated that Chrysler's cash flow to the Secretary of the Treasury prior to his projection and profit-improvement plans report on H.R. 5860. guaranteeing any loans, and even these plans probably would collapse and the company The excerpt follows: will not be available until some time next would be forced out of business. Thus, a DISSSENTING VIEWS year. Congress should have something more basic assumption on which this rescue plan Introduction than just a "satisfactory" financing plan be­ is predicated already has been questioned by No one likes to see a company go out of fore it reaches a decision on this proposal. Mr. Iacocca himself. business, even when there may be legitimate, Substantively, there is another precedent The shaky nature of the market projec­ if unfortunate, reasons for its demise. A which should be acknowledged. Proponents tions or Chrysler's market penetration as­ business failure greatly impacts the lives of of this legislation point to the examples of sumption and its implications for the people directly and indirectly associated Lockheed and New York City as precedents Chrysler legislation were revealed through with the enterprise. There is no question for deviating from the free enterprise sys­ repeated questioning by Congressman Green. that the failure of a corporation the size of tem in certain extreme cases. Yet, legitimate Mr. Green asked the Treasury Departm.ent Chrysler will affect the livelihood of thou­ national defense issues were at stake in the to project the future of the Chrysler Corpo­ sands of people. Nonetheless, we have con­ Lockheed guarantee while financing to New ration based on all the Corporation's as­ sidered the personal and social costs of a York City consisted of loan guarantees to sumptions except the penetration assump­ Chrysler collapse and have concluded that another governmental entity. More impor­ tion. Instead of assuming a two percent this loan guarantee program is not in the tantly, in the case of New York City, general increase, he asked the Treasury Department best interests of the nation as a whole. tax revenues provide some guarantee of to assume that the market penetration The factors that weigh against Federal funds for loan repayment. With Chrysler, would remain stable at approximately 10.2 loan guarantees to aid Chrysler are many. there is no guarantee of income to be avail­ percent. Treasury's computation then indi­ Consideration should be given to the prec­ able for debt service. The precedent that is cated that the company would fall short of edent that is being established as well as being established with the Chrysler Corpora­ its cash needs by approximately $750,000 the criteria which either are or are not being tion is the bailout of a company that has even with the proposed Federal assistance used to judge the :financial conditions of failed in the consumer market. With con­ of $1 .5 billion. falling corporations. The economic risk as­ sumers having made their choice, ls it our A second key assumption in the plan as sociated with this particular bill is too role to reverse their decisions by an alloca­ adopted by the Committee is that the na­ great, particularly when many of the eco­ tion of credit to a firm which may yet fail tion's economy will not suffer any unex­ nomic assumptions that underpin the pro­ to compete in the marketplace? pected shocks during the next few years. posal are under serious challenge today. Where do we draw the line? What criteria Since automDblles are a consumer good, Many of Chrysler's constituents who have do we use to determine who gets what, when, sales are naturally tied to the health of an economic stake in the survival of the how much and why, for what reasons? These the economy. A drop in consumer confidence, corporation have been unwilling as of this questions have not been answered in either a deeper recession or another oil embargo November 28, 1979 EXTENSIONS OF REMARKS 33975 obviously would result in a lowering of car "The point I tried to make on Saturday was First, there a.re really valid questions of sales. If car sales for the last month are quite simple: the financial concession ma.de whether the Federal government should move any indication, we already are beginning to by the UAW in the contract it signed with in to "rescue" a private corporation from see this occur. Yet, how can our Committee Chrysler a.re not, in my view, adequate to failure regardless of the human and social or the Congress insure the. t we will not meet the requirements of the legislation the costs we know will occur. There has been experience any unexpected economic shocks Administration supports," stated Kahn in widespread discussion on the "worst case" during the next few years? In fact we are his letter of November 12, 1979; "I firmly be­ situation arising from a failure but your presently embroiled in a situation with Iran lieve the union must be more forthcoming Committee has not considered the a.meli­ which may have dire consequences on our in its financial commitment to assist the orating effects of unemployment benefits and economy. Thus, if the nation were to experi­ Corporation in achieving financial solvency." the possib1llties of continuing operations ence some unexpected economic setback, the Two questions must be raised. First, a.re under bankruptcy or any of the less severe $1.5 b1llion in Federal guarantees would be Chrysler's constituents willing or able to consequences. totally worthless. make the sacrifice that is required to save These a.re just two of the underlying as­ the corporation? An examination of commit­ Second, we are disturbed by the failure to sumptions in the plan a.s passed by the ments made to date leads the observer to a adequately consider alternatives to this plan. Committee. Others existed and many are negative conclusion. Banks, suppliers and The conventional wisdom is that we have subject to similar challenge. Unfortunately, Chrysler's own workers--collectively the ma­ our choice of this plan or bankruptcy. We are time did not permit any objective analysis jor pa.rt of Chrysler's constituenr,y-at this not so sure that is correct. For example, of these assumptions. Each member needs point appear to be unwilling to go the dis­ would not guarantees of 75 to 80 % of the to ask himself, therefore, if the risk asso­ tance to put together the $1.5 billion financ­ loan amount, leaving the lender with some ciated with this plan ls one he wishes to ing package that Chrysler must have in place risk and therefore a continuing interest in impose on the nation. Needless to say, it is before any Federal loan guarantee is forth­ Chrysler's performance, be preferable to the a risk which we have decided not to accept. coming. If this is so, then no Federal assist­ 100% guarantee proposed here? We know ance will flow to the Chrysler Corporation lenders have specialists with expertise that THE ROLE OF CHRYSLER'S CONSTITUENTS: and this exercise then becomes moot. far exceeds anything Treasury supervisors CONCESSIONS FROM WHOM? The second, and more important, question can expect to develop on short notice. Har­ The proposed bill correctly requires that is: is the Congress being asked to approve a nessing this existing expertise to monitor "persons with an existing economic stake in $1.5 billion Federal assistance progra.m­ Chrysler's performance seems like a good the health of the Corporation" make specific which ultimately must be underwritten by idea which would enable us to minimize gov­ financial commitments or concessions to aid the U.S. taxpayer-to a private corporation ernment intervention in the corporation's Chrysler. Such persons are defined in the so that that corporation can afford to pay an activities but to our knowledge no thought legisLation as "banks, financial institutions, additional $1.3 billion to its workers? The has been given to this approach. . . and other creditors, suppliers, dealers, stock­ figures are surprisingly similar. One must Third, the assumptions underlying the holders, labor unions, employees, manage­ wonder what Chrysler's financial situation presumption that $3 b1llion of assistance will ment, state, local and other governments, would be today if the union had agreed to a revitalize the Chrysler Corporation a.re seri­ and others directly deriving benefit from wage freeze in the next few years, a. prece­ production, distribution and sale of products ously flawed. Current developments with dent which Ea.stern Air Lines and The Wash­ respect to Iran, the international oil markets, of the Corporation." ington Star successfully implemented in the the national economy and the automobile To date, howe~er, none of these persons recent past. It seems incredulous that a labor with an economic stake in the future of market in particular all mitigate against the contra.ct calling for this substantial wage achievement of goals assumed to be achieve­ Chrysler-with the exception of an unspec­ increase would be concluded by the manage­ ified a.mount from the State of Michigan and able in the underlying rationale for this ment and the union when the company is blll... $200 million in deferred payments to the on the verge of bankruptcy. Certainly, Con­ UAW that a.re to be recaptured at the end of gress cannot approve such a program in good Finally, one cannot help but wonder how the three year contra.ct--has ocntributed any conscience when the economic realities of Congress can be expected to approve this specific aid. "We don't know how much is the situation a.re so apparent.... legislation at this time. As it stands now the required or will be required from each party," proposal is open-ended with no assurances Deputy Secretary of the Treasury Robert GROWING CONCERNS OVER FEDERAL LOAN to protect the taxpayer. Until such time as · Carswell testified at the full Committee hear­ GUARANTEES all those persons with an economic stake in ings, "because ... there is just no way to Throughout the course of debate on the Chrysler's future are willing to make more tell who's coming forward with what at the Chrysler debate, little attention has been of a. sacrifice than has been made to date, moment." Private conversations with bank­ paid to the long-term impact of federal loan Congress should be hesitant to proceed on ers reveal that any ungua.ranteed lending to guarantees. Historically, government loan this specific request. There can be no deny­ Chrysler would not be considered as a "pru­ guarantees have played an important role in ing that a problem exists, but is Congress dent" banking risk. Suppliers, many of whom stimulating economic activity and allocating willing to commit itself and the nation's have been waiting over 120 days for payment economic resources, particularly to the hous­ resources to a program of long-term Federal by Chrysler on 30-da.y contracts, increasingly ing and agricultural sector. Recently, how­ assistance? Perhaps the legislation should be are reluctant to extend any further credit ever, the nature of loan guarantee programs sent back to Committee until such time as to the stricken company. and proposals has changed dramatically. As the complete picture of Chrysler's financing During the course of the full Committee the risk associated with these guarantees in­ needs is known and the local financing is in hearings on H.R. 5860, the true costs of the creases, questions a.re raised concerning how place.e newly ratified Chrysler-United Auto Workers the guarantees should be used and how they labor contra.ct were first revealed. Although should be controlled . . . the UAW contract with Chrysler is $200 mil­ The rapid growth in loan guarantees also EPPS AGAINST THE W ALir-EL lion less than wage pacts with Ford Motor causes concern. The value of guarantees la.st Company and General Motors, Mr. Gerald year was double what it was in 1970 and will MONTE, CALIF. FAMILY SPEAKS Greenwald, Chrysler's Executive Vice Presi­ approach $350 billion by 8eptember, 1980 ... OUT dent and Senior Financial Officer, responded At the Subcommittee's hearings, Dr. Alan to a. question posed by Mr. Stanton that the Greenspan, former Chairman of the Council new contract was "in excess of $1 b1111on" on Economic Advisers, pointed out that there HON. JOHN H. ROUSSELOT above and beyond the old contra.ct. Two days are long-term impacts and indirect costs­ OF CALIFORNIA later when testifying before the Senate Bank­ such as higher inflation due to an excessive IN THE HOUSE OF REPRESENTATIVES ing Committee, Alfred Kahn, Chairman of a.mount of credit preemption on the pa.rt of the Council of Wage and Price Sta.b1lity, the government--a.ssociated with federal Wednesday, November 28, 1979 stated that the new contract will cost $1.3 loan guarantee programs. Everyone should be e Mr. ROUSSELOT. Mr. Speaker, each bllllon more than the old contract over the aware that the true costs of Federal credit of us in the Congress is faced with the next three years. Previous press reports programs a.re their adverse effect on prosper­ quoted Chairman Kahn who labeled the constant challenge of maintaining our ity and future economic growth caused by sensitivity to the needs and feelings of Chrysler-UAW wage agreement as "inflation­ the allocation of capital a.way from its poten­ ary" and "outrageous." Further, Kahn was tially most productive uses ... This scenario the people at home we represent. There­ reported to have declared: "The UAW-Chrys­ is what Congress should consider each time fore, the letters we receive from our con­ ler contra.ct does not remotely approach the that it is asked to extend further the full stituents working outside the Washing­ kind of sacrifice the affected parties have got faith and credit of the United States. Given ton "ivory tower" to earn a living for to demonstrate as a. condition of being bailed out." this consideration the inflationary impact themselves and their families are inval­ Later, in a letter to our colleague, Jim statement in the Committee Report of this uable in helping us to keep in tune with Blanchard of Michigan, Chairman Kahn bill should be scrutinized carefully ... the times. In recent days, I have heard cla.rlfled hls earlier remarks by stating that CONCLUSION the same .message from the small busi­ his condemnation of the wage pact in no way We think it should be obvious in conclu­ nessmen in my district, again and again. lessened the Administration's support for its sion that this legislation is flawed in numer­ This message is coming from the people proposal to aid the Chrysler Corporation. ous ways. who run the businesses and meet the 33976 EXTENSIONS OF REMARKS November 28, 1979 payrolls. It is coming from the people which seek total federalization of the these options has advantages and drawbacks, who fully recognize the dangers inherent welfare system and which call for larger and each has supporters and critics. in a philosophy that runs rampant in and larger expenditures. Unfortunately, Reallocation of monies: Congress might this city-a philosophy based upon the our efforts have not yet met with suc­ choose to make no change in the overall pay­ belief that the Federal Government can cess, and the administration's more roll schedule since even a modest rollback would result in a huge loss of social security solve all of our problems and take care tr:aditional welfare "reform" proposal revenue. Congress might also resist a roll­ of all of our people all of the time. was adopted by the House. In my back because income tax reductions enacted Recently I received a letter from a opinion, the administration bill does ndt in 1978 will cushion the impact of payroll family in my district-the Epp family of contain the requisite keys for a sensible tax increases in 1979. A reallocation of mon­ El Monte, Calif. The Epps own and oper­ assistance progmm: Cost controls, help ies to the old age trust fund from the dis­ ate a small business, Snow Foam Prod­ only for the needy, jobs for the aible­ ability and hospital trust funds, however, ucts, Inc. I believe that their sentiments bodied, and the elimination of fraud. In would mean substantially greater revenues are widely held by the hard-working f'aet, if enacted, the adm.inistration bill for the old age program without any harmful will actually result in incireased expend­ effects on the other programs. Another way American taxpayer and are, therefore, to reach the same end would be to allow the well worth sharing with my colleagues. itures, waste, and fraud, and will not old age trust fund to borrow reserves on a DEAR Mr. RoussELoT: We are a small, fam­ deliver adequate help to the truly needy. short-term basis from the other trust funds. ily owned business, interested in profit for I would, once again, like to call the Although many Congressmen are reluctant ourselves and our employees. We could af­ attention of my colleagues to the senti­ to allow such borrowing for fear that it ford to, and would pay our employees more ments and frustrations expressed in the would become widespread, it might be al­ salary if we didn't have to pay so much tax Epp family letter. Remember thait for lowed only when necessary and only if the to carry able-bodied people on unemploy­ every costly program that we institute borrowed reserves could be returned when ment and welfare, as well as direct funded or enlarge here in the Congress, there is needeq. government programs such as CETA with a family .like the Epps who will haive to Other sources of revenue: Congress could which we compete. bear the burden of cost.• very well seek out sources of revenue other As a direct result of our government spon­ than a payroll tax on workers and employers sored welfare and unemployment programs, in the private sector. There is considerable we have been unable to fill vacancies in our SOCIAL SECURITY OPTIONS FOR feeling that the level of the payroll tax is factory. Too many people have become de­ too high. One source, recommended by Presi­ pendent on these programs, and we are rais­ THE FUTURE dent Franklin Roosevelt in 1935, would be ing a generation unwilling to work. Surely general government revenues. Congress has these programs were meant to tide people HON. LEE H. HAMILTON' rejected such use of general revenues several over a bad time, not to make permanent times in the past, but the idea has never guests of the government out of them. OF INDIANA been completely forgotten. A major objec­ F. RICHARD EPP IN THE HOUSE OF REPRESENTATIVES tion is that the use of general revenues CLAUDE H. EPP Wednesday, November 28, 1979 might make social security look like a gov­ LoIS L. EPP ernment "handout" instead of an earned CAROLL. EPP e Mr. HAMILTON. Mr. Speaker, I right. Another suggestion is to use general CHRIS EPP would like to insert my Washington revenues to cover hospital insurance, thus Report for Wednesday, November 28, easing the burden on the payroll tax. Stlll As I am certain th~ Epps will testify, 1979, into the CONGRESSIONAL RECORD: another source of revenue would be workers the tax burden on small business is enor­ and employers in the public and non-profit mous and often crippling. The unem­ SOCIAL SECURITY: OPTIONS FOR THE FUTURE sectors who a.re not currently covered by so­ ployment compensation tax is an in­ The social security programs--old age, dis­ cial security. Legislation to -extend coverage creasingly heavy burden, especially when ability, and hospital insurance-are among is pending in Congress, but it will have to combined with the escalating social secu­ the largest administered by the federal gov­ be examined carefully to ensure that earned ernment. In 1979 about 35 million aged and pension benefits are not lost. rity tax and general taxes to support so disabled persons will receive approximately many Government programs to help the Reductions in benefits: Congress could de­ $104 billion in benefits. Another 27 million cide to trim social security costs by making needy. Recently the Institute for Socio­ people will get more than $20 billion in hos­ selected reductions in benefits. For example, Economic Studies, working with Pace pit al benefits. It is apparent that the finan­ marginal benefits that have crept into the University, studied the profusion of over­ cial health of these programs is something system over the years, such as the burial lapping and sometimes contradictory in which every American, whether young or benefit and the dependent or survivor bene­ benefit programs. The study turned up old, has a stake. fit for children over 18, could be cut or elim­ 182 individual programs which last year Social security experts and actuaries be­ inated. As more women enter the labor force, cost a staggering $248.l billion-that's a lieve that the important old age and disabil­ spouse benefits might be phased down. Then, ity insurance programs-what most people too, more far-reaching reductions have been billion dollars more than the entire Fed­ call "social security"-are basically secure eral budget in 1973. No wonder taxes discussed. A bill could be passed to raise the and solvent for the next ha.If-century. A 1977 retirement age over a period of many years, must keep rising and no wonder the law increasing revenues and trimming long­ or the annual cost-of-living increase-a crit­ Federal budget will have a deficit of at range benefits is the primary reason for the ical factor behind higher costs-might be least $30 billion this fiscal year. optimistic projection. Because of higher ben­ placed under certain limits. A reduction in Furthermore, these programs have not efits induced by inflation and higher unem­ benefits, however, is very unpopular as a way ployment caused by a slowdown in the econ­ to economize in any government program. proven to be successful. A recent report omy, however, the old age trust fund may be issued by the General Accounting Office facing a temporary cash shortfall in the Income tax offset: Congress could tackle discusses the unemployment compensa­ early 1980s. The recent allocation of too the social security problem by cutting the tion system and discloses that the pres­ much money to the disability trust fund may income tax to offset increases in the payroll (1) be also be undoing some of the repairs that tax. There are at least two alternatives to be ent system enoourages people to: weighed. More simply-and as it did last unemployed longer, (2) exhaust com­ Congress completed with its 1977 law. An unknown political factor clouds the imme­ year-Congress could enact an income tax pensation, and (3) quit their most re­ cut sufficient to soften the impact of the cent jobs. Clearly, the unemployment diat e future of social security, too. There is some sentiment in this Congress for a roll­ payroll tax hike. A more complex move would compensation system needs to be studied, back of the payroll tax increases which have be enactment of new legislation to permit a evaluated, and reformed to correct these so improved the financial footing of social full or partial credit against income tax for inequities. security. payroll tax owed. Such a credit for employ­ ers would be provided by a bill now pending In an attempt to improve our coun­ Congressional committees are aware of the in Congress. try's welfare system and to eventually problem and have studied severe.I options for the future of social security. One alterna- As it looks at the future of social security, reduce the cost of the aid to families Congress does not find easy choices. But in tive is to leave overall payroll tax schedules with dependent children program the past Congress has shown that it will take (AFDC), I joined with 17 of my col­ in effect but reallocate monies among the tough steps to preserve and enhance the leagues in introducing the Family Wel­ trust funds. A second plan is to find sources of revenue other than a payroll tax on work­ financial integrity of social security. My be-

The view from his table is so pleasant. he Mrs. Coe said that was the time she BRIDGE-NAMING HONORS POLISH-AMERICAN said, that he might just stay around for as thought she was about to lose her husband. SoLDIERS ma.n.y more sea.sons as he can. "He was so gray in the hospital," she said. WEBSTER.-The Route 52 bridge over "I'm wanting to live as long as I can to be Coe said he prepared himself for the prospect Thompson Road was dedicated as the Polish­ with my family," he said. "I said I was going of not surviving the ordeal, but with the American Veterans Bridge yesterday. More to, and now I'm not going to give it up. If I'd aid of a transfusion of blood platelets from than 200 persons attended the program, de­ given up, I wouldn't be here now." his son, he made it. spite constant, sometime heavy, rains. Good health, though, is a relative term for Now he can walk with that son and his Several speakers participated in the exer­ Donald Coe. others, through his own fields below his own cises, including state Rep. Richard T. Moore, "I have my good days and my bad days," he home. And he can feel secure in the knowl­ D-Uxbridge. said. On a good day, walking and playing pool edge that his children will be provided for Moore said exercises not only honored but are the most strenuous activities he can when he is no longer there. celebrated the "special contribution to the handle, he said. Even if the ability to walk through a soy­ cause of liberty made by Americans of Polish On bad days, which come randomly, he can bean field may not seem a grand blessing, it get paralyzing leg cramps that sometimes end descent. Polish-Americans have made signifi­ is all that Coe wanted on this Thanksgiving. cant contributions to the social, cultural and in seizure and collapse. "I'd be a fool to ask for more," he said.e But always, there is a danger that a minor historic traditions of America." infection or a small bruise could escalate Moore said: "Today we take cognizance of into a life-threatening problem, he said. the fact that not only have Polish-Americans Since leukemia is a disease of the immunity contributed greatly to national development, system, Coe's biggest danger is his decreased BRIDGE NAMED IN HONOR OF they have also been among the first Ameri­ ability to fight off injury or infection. POLISH-AMERICANS cans to rally to the defense of America when Lately, though, the good days have out­ this nation faced difficult moments in its numbered the bad. history." The drug lithium has apparently helped HON. EDWARD P. BOLAND Kosciuszko and Pulaski joined in the stimulate the formation of white corpuscles, OF MASSACHUSETTS American War of Independence, Moore said. the body's disease-fighting entities, he said. IN THE HOUSE OF REPRESENTATIVES "They are, in fact, the first Polish-American As a result, he can do a little more, and veterans who we honor today through the he has gained some weight. His biweekly Wednesday, November 28, 1979 dedication of this bridge." visits to a hospital in Nashville, Tenn., were e Mr. BOLAND. Mr. Speaker, on Vet­ Continuing, he added: "We also honor recently reduced to monthly or bimonthly. many Polish-American veterans by our dedi­ "I feel better now than I did all summer," erans Day, 1979, a bridge in my district was named in honor of the Polish-Amer­ catory ceremonies." Moore said 40,000 of the he said. "But I don't know whether that's first 100,000 volunteers at the outbreak of a good sign or not." ican Veterans of Massachusetts. The World War I were Polish although the Polish Coe's ordeal began, he said, when Army bridge serves as a monument to the con­ population of the United States did not ex­ superiors said he was selected to join a group tributions and sacrdfices made by Polish­ ceed four percent at that time." that would pitch tents on the Yucca Flats Americans since the birth of our Nation. Moore presented copies of House Bill 5973, desert near the atomic-bomb blasts. He was I am pleased to IJ:>ring to my colleagues' chosen, the superiors said, because he was now Chapter 246 of the acts of 1979, which among the few who had received top-secret aJttention the dedicatory remarks of authorized the naming of "The Polish-Amer­ clearance. Representative Richard T. Moore of the rican Veterans Bridge." Coe said he came to doubt the need for Massachusetts Legislature: Representatives of most of the Polish­ such clearance when he arrived at the desert Reverend , Polish-American Vet­ American Veterans posts in the state at­ blast area and saw dozens of reporters. erans, Ladies and Gentlemen: On this Vet­ tended the ceremonles.e In all, Coe's unit hit the sands while eight erans' Day, 1979, we pa.use to honor the A-bombs were detonated. He can still recall courage and the great sacrifice of so many them. Americans throughout our more than two When the bombs went off, the men were hundred yeair existence as a. nation .as they A CASE FOR DECONTROL stretched out face-down on the sand, with fought to preserve our nationa..l liberty am..d their arms covering their faces, he said. That democratic tradition and to defend the lib­ position made it difficult for the radiation erty of other nations a.round the world. More HON. WILLIAM E. DANN'EMEYER counters they wore on their chest to do their than this, however, we gather at this bridge OF CALIFORNIA job, Coe said. not only to honor, 1but to celebr:ate the spe­ "The blast was like a big bright light cial contribution to t.lhe cause Of liberty IN THE HOUSE OF REPRESENTATIVES flashing in your eyes," he said, "and when made by Americans Of Polish descent. Wednesday, November 28, 1979 the heat wave hit, it felt like something real Polish-Ameri<:ans have made significant hot sticking to your shirt." contributions to the social, cultural, and e Mr. DANNEMEYER. Mr. Speaker, I For the biggest of the detonations, Coe historic traditions of America. Countless ex­ rise to address my fellow members on the said, his group was among those that went amples oan be cited of Polish-Americans w'ho subject of decontrol of crude oil prices. closest to the bomb crater. have achieved prominence in the fields of There are a great number of myths sur­ "We flew through the mushroom cloud music, science, government, engineering, rounding this subject, and I have come right after the blast. We threw hand gre­ theater, sports, and every other field of en­ nades into the old buildings they had set up deavor. They have truly made a substantial upon an article by Arthur B. Laffer and and kicked the dummies they had lying impact on the institutions and the social Charles W. Kadlec, in Energy Manage­ around," he said. fabric of Amerioa-"America the Beautiful" ment, fall 1979, that clears up many mis­ On their return from the bomb site, some as Pope John Paul II put it during his recent conceptions held by some. These men of the men had to be isolated because their visit here. make a strong case that the immediate clothes had been heavily contaminated with Today, we dedicate this bridge to stand as decontrol of crude oil prices will not radiation, he said. The rest were passed a memorial to the Polish-American veterans result in the sharp rise in petroleum through after being quickly checked by a of Massachusetts. And just as this bridge technician with a geiger counter, he said. product prices predicted by many, but serves as a firm !ound.a.tion supporting the will have no appreciable effect on prices. His worst symptom at that time was a many Americans who safely travel over its minor radiation infection, he said. Years span, so too have the Polish-American vet­ They go on to make the point that im­ later, he was diagnosed as having a deterio­ erans of Massachusetts provided a firm foun­ mediate decontrol will result in signifi­ rating backbone, but Army officials main­ dation for the support Of America through­ cant increases in domestic production of tained that the condition must have come out its history. It is a fitting memorial, and crude oil that could help alleviate pres­ from an injury he suffered. Coe said he can't as the jprincipal legislative sponsor of House ent shortages. I think that we all must remember injuring his spine. B111 5973, now Chapter 246 of the Acts of 1979 reconsider this matter in light of the Coe was discharged in the mid-1960s. He which authorized tihe naming of this struc­ renewed problems with foreign oil sup­ returned to his Monroe County farm. ture "The Polish-American Veterans Bridge," I am honored to join with you to officially plies exemplified by the Iranian crisis. But his physical capacity continued to dedicate your bridge. May it be as strong I commend the following article, re­ diminish, and by the time he launched his and enduring as the loyalty, patriotic pride, fight for service-connected disability bene­ printed here in its entirety, to your and self sacrifice of the men a.nd women thoughtful attention: fits, he said, about all he could do was lie whose name it proudly bears-the Polish­ on his front porch. America.n Veterans of Massachusetts." A CASE FOR IMMEDIATE DECONTROL At the height of his battle with the Army, (By Arthur B. Laffer and Charles W. Kadlec) Coe's physical condition was at its worst. In The following article appeared in the The widely anticipated inflationary effects March 1978 surgeons removed his spleen Worcester Telegram of November 12, of the announced program to decontrol after it had enlarged to 11 pounds and 15 1979, recounting the events at this dedi­ crude oil prices is unfounded. The lifting ounces, he said. cation ceremony: of price controls from crude oil produced in 33992 EXTENSIONS OF REMARKS November 28, 1979 the U.S. will lead to lower, not higher, real Thus, regardless of the average price of the U.S. less dependent on foreign oil and prices for refined petroleum products-if crude oil in the U.S., if U.S. refiners could reducing the power of OPEC to raise arti­ the "windfall profits" tax is not imposed. not sell gasoline at the world price, they ficially the world price of oil. The proposed windfall profits tax is ac­ would have shifted their production mix An immediate benefit of decontrol would tually a windfall revenue tax and would sub­ towards such products as heating oil and be the elimination of the need for refined stantially reduce incentives to increase U.S. away from gasoline with the result that less product allocation programs. This alone crude oil production. Passing this tax would gasoline would be produced domestically and would tend to lower distribution costs, enhance the Organization of Petroleum Ex­ more gasoline would be imported from off­ which, to the extent they operate on the port ing Countries' (OPEC) power over world shore refineries. margin, would lower retail prices. oil production and would increase crude and Today, virtually all major refined petro­ More important, the substantial increase refined oil product prices worldwide. leum product categories, other than gasoline, in incentives for crude oil producers would Prices of other fuels, including coal and are not subject to price controls; their prices lead to a significant increase in domestic uranium, would also rise. And even worse, are set by market forces. supplies of oil. Such a supply-side response the proposed tax is progressive. The greater The appearance this spring of gasoline can lead only to increased economic disci­ the real increase in oil prices, the higher the shortages suggests that price and allocation pline in the oil cartel's pricing policies and effective tax rat e, thus giving the U.S. gov­ controls on gasoline became effective, leading improved prospects for a decline in the rela­ ernment an incent ive to add to government to such non-price rationing methods as long tive or real price of petroleum products revenues by driving up oil prices relative to lines and weekend gasoline station closings. worldwide. the general price index. The Administration's decision to apply the Ironically all of this means that immedi­ ate decontrol of crude oil and refined petro­ THE IMPACT OF DECONTROL 7 percent "voluntary" price standards to gasoline-even though the involuntary price leum product prices in the U.S. would do In economics, the market price of any controls were being obeyed-tended to sup­ little to increase conservation of energy. product under perfect competition is deter­ press domestic gasoline prices below the Instead decontrol would tend to increase mined by cost of supplying the final unit world level. Such a policy discourages impor­ supplies and thus lower the prices of refined of output to the market : price equals mar­ tation of higher-priced gasoline and crude products below where they would be with ginal cost. Thus, given the competitive na­ oil, thereby aggravating the domestic gaso­ controls. This would increase consumption. ture of domestic energy markets, crude oil line supply situation. THE WINDFALL PROFITS (REVENUES) TAX price controls must lower the marginal cost De facto distribution of fuel oil also has As proposed, the President's windfall prof­ of supplying petroleum products to the come under the control of the Department of domestic market if they are to lower retail its tax would be a levy on revenues, not Energy through the application of the Ad­ profits, that result on a formula basis from gasoline, fuel oil, or other refined product ministration's "voluntary" price controls to prices within the U.S. economy. A program either decontrol of crude oil prices or an diesel fuel ando heating oil. As we would increase in the price of crude oil relative to that affects only the average cost of crude expect, reports of shortages of fuel oil have oil could have a large effect on the distribu­ the general price level in the U.S. after the grown in the aftermath of this attempt to fourth quarter of 1979. tion of profits within the oil industry, but hold retail prices below the world level. it would have no direct effect on the price Originally, the Administration projected Immediate decontrol would quickly end that by 1982 its tax collections would total of gasoline a t the pump. shortages of fuel oil and gasoline. 'Dhese nearly $3 billion per year with no real price The present system of price controls and shortages appeared first in those parts of the entitlements does not lower the marginal increase in oil, and $4.5 billion per year with country where fast economic growth, above the assumed 3 percent per year real increase cost of crude oil or petroleum products in average increases in gasoline demand and in oil prices. the U.S. changing driving patterns collided with a The proposed tax is destructive in several The U.S. market is integrated with world distribution system frozen in place by gov­ respects. First it aligns the interests of the petroleum markets. Some 45 % of American ernment controls. For example, until special Department of Energy and Congress with crude oil supplies is imported. The govern­ allocations were given to California by DOE, those of OPEC : the higher the world price ment's attempt to lower t he price of im­ energy regulations denied drivers in Cali­ of oil, the greater the revenues raised per ported oil to U.S . refiners- the entitlements fornia the opportunity to bid gasoline away barrel of oil via the windfall tax. DOE would program- does influence the average cost of from the rest of the world economy, includ­ administer the bulk of these funds . .There­ import ed crude oil. Under this program, re­ ing other slower-growing parts of the U.S. fore, any diminution in OPEC's power to levy finers who are using above average amounts This and similar approaches are probably monopoly profits would tend to reduce fund­ of old (price-cont rolled) domestic oil must more costly than allowing prices to rise ing for Energy Department programs. purchase entitlements from those refiners enough to clear the market. using above average amounts of imported oil. Second, since the tax program continues Also, the Administration's decision to to distinguish between different kinds of oil But, since the quantit y of entitlements ls phase in decontrol of crude oil over 16 monifus fixed, they can have no marginal effect. For (lower tier or old oil, upper tier or new oil rather than decontrolling all prices imme­ and oil discovered subsequent to decontrol) the industry as a whole, the marginal cost diately is counter productive. By delaying of the last barrel of crude oil is the world much of the regulatory apparaitus would decontrol while making total decontrol more have to remain in place to measure the out­ price. certain in October 1981, the Administration put of each kind of oil. Thus, the windfall The U .S. also participates directly in world has increased further the present value of refined product markets. U.S. distributors tax promises to extend regulations of the keeping oil in the ground between now and oll industry into the indefinite future, rais­ compete on a global basis for supplies of the lifting of price controls. heating oil, gasoline and other refined prod­ ing the spectre of reimposition of price con­ Thus, the step-by-step price increase pro­ trols based on current oil classifications. ucts, assuring U.S. wholesale prices (before gram will tend to reduce supplies of crude oil taxes) are equilibrated with world prices. during the duration of price controls, aggra­ Finally, to the extent the burden of the Other petroleum products, such as petro­ vating further the turmoil in today's inter­ tax is borne by producers of oil, the tax chemicals, are al.£0 set in world markets. national petroleum markets. would decrease incentives to discover oil in the U.S., shifting the emphasis to non-U.S. Thus, if U.S. price controls held wholesale Experiences with changes in the govern­ locaitions where the future ta.x climate is prices below the world price, U.S . buyers ment's oil control program also support our would be unable to compet e successfully for view that domestic refined petroleum product more favorable. supplies-their bid would be held below the prices are determined in world markets. The Moreover, the greater the expected future market bid by law. Domestic shortage3 would lifting of !heating oil price controls on July l, power of OPEC to levy monopoly prices, the be the immediate and unavoidable result. 1976 had little impact on retail fuel oil prices. greater the expected future tax, and the Similarly, the introduction of entitlements larger the decrease in current incentives to There is very little the U.S. can do to hold discover domestic oil. refined product prices below their world level in late 1974 and the lifting of a $2 per barrel without creating an "energy shortage" in the import fee on crude oil in January 1976 (ef­ 'Hence, the windfall tax would tend to U.S. During 1978, approximately $7 billion fective December 22, 1975) had no apparent significantly extend the life expectancy of of refined products were purchased from effect on domestic wholesale and retail heat­ the oil cartel and its power to set monopoly ing oil prices. foreign sources. If U.S. wholesalers, and ulti­ oil prices. The greater the burden of the mately consumers, were not permitted or These and other observations are all con­ tax borne by domestic oil production, the were unwilling to pay the world price, these sistent with the hypothesis that U.S. refined more OPEC's power would be enhanced. imports would all but disappear. product markets are integrated with world The impact of the proposed tax would be markets, thereby forcing domestic wholesale This reasoning applies to gasoline and to increase U.S. dependence on foreign oil prices to equilibrate with world prices and in the short and long term and push up the all other refined products which are traded neutralizing attempts to reduce domestic re­ in world markets. Until the recent shortages, price of oil and refined products worldwide. fi ned product prices through domestic crude The economic cost of the windfall tax, there­ price controls on gasoline were largely in­ oil price controls. effective in the U.S. By and large, the gaso­ fore, would be a lower standard of living line pump price was below its ceiling price, DO IT NOW! throughout the non OPEC world, a cost that suggesting that market forces, not govern­ Total and immediate decontrol would be would far exceed the revenue collections ment controls, had been dictating the retail the most important step toward achieving projected by the U.S. government. price. the Administration's stated goal of making And, since refined product prices ha.ve not November 28, 1979 EXTENSIONS OF REMARKS 33993 been reduced by the oil controls program, decline in the real price while maintaining REASONS TO OPPOSE THE CHILD all windfall profit.s projected by the admin­ the illusion th'at the cartel alone determined HEALTH ASSURANCE PROGRAM istration already are within the oil industry. the price of oil without regard to world de­ Any windfall profit.s identified. after decon­ mand. trol would be illusory for the industry a.s a The stability of refined prcduct prices in HON. DANIEL B. CRANE whole, nothing more than a.ccounting con­ constant dollars is also striking. Although OF ILLINOIS ventions or government reporting require­ the price of gasoline in March 1979 in real ments recording the predictable shift in terms was 25 percent higher than it was 7 IN THE HOUSE OF REPRESENTATIVES profit.s away from refiners, brokers and years ago, in first quarter 1979 dollars it was Wednesday, November 28, 1979 others in the distribution cha.in toward pro­ about 1 cent per gallon below its price in ducers of previously price-controlled oil. 1958. e Mr. DANIEL B. CRANE. Mr. Speaker, Thus, any windfall tax recei.pt.s, ln general, If crude oil were $17 per barrel today, it the House will soon consider H.R. 4962, would reduce the industry's a.fter-ta.x profits would be about the same price as at the end the child health assurance program below where they would have been without of 1973. An official OPEC world price ranging (CHAP). The bill is yet another threat decontrol. from $18 for Saudi Arabian benchmark crude to the rights of the States and the EFFECTS ON THE U.S. ECONOMY to $23.50 charged by some North African family. The Administration proposes that virtu­ countries represents a constant dollar in­ Presently, the States have the right to ally all of the revenues from the oil tax go crease over the previous peak of 5 to 37 per­ set income eligibility standards for re­ to fund new or expanded fede:ra.l programs. cent. ceipt of medicaid by pregnant women None of these revenues is ear-marked for A portion of this year's and 1973's real price tax rate reduction or reduction of the na­ increase also can be attributed to errant U.S. and children. The CHAP bill, however, tional debt. monetary policy. During periods of monetary would change this by federalizing these Thus, for the economy as a whole, the uncertainty and high inflation, investors tend standards. As a consequence, the Fed­ proposed oil tax represents an increase in to switch out of financial assets into real as­ eral Goverrunent would assume a much the overall tax wedge. Tax increases in one sets. Private investors buy antiques or gold greater share of State medicaid costs, area resulting in tax reductions elsewhere instead of bonds leading to relative price shift but with that the States will lose much may lead to expanded growth and output, between real and financial assets. Similarly, of their authority over the medicaid but when tax increases are coupled with oil exporting countries may choose to lower program. transfer spending increases, as they are in production and substitute the oil in the the Adininistration's plan, or coupled with ground for financial assets (monetary re­ What all this would lead to is more displacement of the private sector by a less serves) , raising the real price of oil in the and more reliance on the Federal Gov­ efficient public effort, output and output process. ernment, a diminishing role for State growth are reduced. OIL STOCKS governments, and a reduction of paren­ If DOE would be more successful in de­ The behavior of three oil indexes published tal prerogatives regarding their chil­ veloping alternate energy sources than the by Standard and Poor's-crude oil, integrated dren's health care. private sector, then output and output domestic, and integrated international-is The December 1, 1979, issue of Human growth would be enhanced. But unlike a consistent with the analysis in Figure 3. The Events contains an excellent article on private sector effort, if DOE is successful, it index of crude oil producers, for example, de­ would suffer a significant reduction in reve­ clined sharply between 1972 and 1975 with the CHAP bill entitled, " 'Chap': Big nues and tend to go out of business. Thus it the imposition of crude oil price controls, Brother Health Care for Children." In is reasonable to assume that the probabilities thereby suggesting these controls did reduce it, my distinguished colleague, the Hon­ of the government being more effective in the anticipated returns to crude oil produc­ orable WILLIAM E. DANNEMEYER, points developing alternate energy sources are less ers. By contrast, the index for integrated out that the CHAP bill is also a tremen­ than the private sector's. domestic oil companies increased, both rela­ dous threat to the institution of the The proposed tax package would most tive to the crude oil index and the S&P in­ family. For with enactment of the bill, likely reduce output and output growth in dustrials. it will become an acceptable fact that the U.S. This is consistent with our position that the Federal Government, rather than the Revenue collections from the oil tax are crude oil price controls merely transferred likely to be below the Administration's ex­ profits from producers of domestic oil to parents, will be determining what kinds pectations, not only because additional types refiners of domestic crude oil. For the inte­ of medical testing and treatment their of oil will probably be excluded from the tax grated domestic companies, this would tend children should have. by Congress, but also because domestic oil to leave total profits unchanged, or, to the Since the Human Events article speaks output will decline. extent the integrated companies were net so well on the inherent problems of the OIL PRICES AND MONETARY POLICY purchasers of price controlled crude, tend to CHAP bill, I am inserting it here for the To a significant extent, the rapid rise of increase total profits. thoughtful attention of my colleagues: the dollar price of crude oil is the result of In fact, crude oil price controls in 1975 "CHAP": BIG BROTHER HEALTH CARE FOR U.S. monetary policy during the last decade. transferred an estimated $12 billion from CHILDREN producers of domestic crude oil to refiners. It is no accident that the fourfold increase With hardly anyone paying attention, lib­ in the price of crude oil in 1973 and the re­ Of that, an estimated $3-4 billion was transferred to non-affiliated refiners, with erals on the House Interstate and Foreign cent run-up in the dollar price of oil were Commerce Committee have quietl_¥ set the preceded by and then coincident with ex­ the remainder transferred within integrated companies. With the recent increase in the stage for passage of a multi-bi1110n-dollar traordinary increases in the world dollar measure to federalize Medicaid eligibility money supply. real price of oil and the end of price controls standards for children and pregnant For example, the monetary reserves of the apparently at hand, however, the crude oil women-a decision now left with the states­ industrial countries measured in dollars at index has risen slightly more than the inte­ and to vastly expand the program's coverage. market prices more than tripled between the grated domestic index. Known as the Child Health Assurance Pro­ end of 1969 and the end of 1973 before jump­ Over the last decade, the integrated domes­ gram (CHAP), the measure-which would ing another 38 percent in 1974. And in the tic index has also performed better than the come to a House vote as early as this week­ 12 months ending February 1979, the world integrated international index. The biggest is sponsored by Representatives Henry dollar monetary base expanded 33 percent-­ difference in price movements between these Waxman (D.-Calif.) and Andrew Maguire one of the largest year over year jumps since two indexes also occurred in 1973 and 1974. (D.-N.J.) . The senate Finance Committee has the middle 1970's. Since 1970, the dollar value One plausible explanation is that it was dur­ approved a more limited CHAP bill. of these monetary reserves has more than ing this period that the oil-producing coun­ The purpose of CHAP is a broaden sub­ quintupled. tries moved to obtain, in one manner or an­ stantially the number of children and preg­ Between 1970 and the end of 1978, approx­ other, the propertv rights to the crude oil nant ~omen covered by Medicaid, with the imately half of the increase in the price of being produced within their borders. federal government assuming a much greater oil can be attributed to the general loss of Hence, the integrated international oil share of state Medicaid costs. According to the value of the dollar. In fact, until the companies were not able to participate as the Congressional Budget Office, the tab for recent spate of price increases, the price of the House version would come to about $5.5 crude oil had been falling in real terms since much as the integrated domestic compa­ nies-who retained ownership of their crude billion through fiscal 1984. In point of fact, 1973. however, the CBO estimate is probably In the four years ending December 1978, oil-in the gain associated with the real in­ grossly understated. the world price of oil in constant dollars fell crease in oil prices. Between December and To begin with, CHAP is an "entitlement" more than 20 percent. Dollar inflation, there­ the end of May, this experience was repeated program-Le., one of the so-called "uncon­ fore, enabled OPEC to avoid the difficult with the integrated international index ris­ trollable" expenditure programs under which task of negotiating a nominal price cut in ing only about half as much as the integrated everyone who meets the eligibility formula oil, allowing its members to acquiesce to the domestic index.e can get coverage no matter how high the 33994 EXTENSIONS OF REMARKS November 28, 1979 aggregate cost. What's more, everything does that do to the physician's exercise of House report's reference (page 68) to the im­ about this bill is designed to intlate the judgment on what's best for his or her portance of "guaranteeing a 'medical home' program. Not only is the eligibility thresh­ patient? If the family ls to continue to be for Medicaid children. . . ." hold made more lax, but, since Uncle Sam the basic organizational unit of society," Viewed in this light, the Child Health will be shouldering nearly all of the expense, says Dannemeyer, "then the heads of the Assurance Act (HR4962) should be numbered the states, which will administer the pro­ family rather than some faceless bureau­ among the more significant-and contro­ gram, will have little incentive to hold down crat must have ultimate responsibility and versial-pieces of legislation to come up for costs. authority. And the physician, working with consideration in the 96th Congress. But un­ On the contrary, the measure actually gives the heads of the family, must be able to rely less conservatives act quickly, CHAP could "bonus" funding to states operating heavily on his judgment, as a professional, to assist become law before most Americans even know used programs while penalizing those states in the fulfillment of that responsibility." what's at stake.e that try to minimize expenditures, thereby Dannemeyer's fears about the danger to assuring that the money spigot will remain the family are by no means exaggerated. As wide open. The truth, therefore, is that no is clearly manifest from the bill's provisions, one can accurately predict the billions such what CHAP's supporters have in mind goes an open-ended program will consume. far beyond simply having the government LIBERTARIANS FOR LIFE Specifically, the CHAP measure would pay for the medical services poor people re­ for the first time establish a nationwide fed­ quest for their children. Instead, they want eral fioor on Medicaid coverage of children the government to "manage the medical care HON. RON PAUL and pregnant women. Under present law, for for the child on a continuing basis. OF TEXAS example, a state Medicaid program is only An idea of where such thinking leads can IN THE HOUSE OF REPRESENTATIVES required to cover children from broken be seen in a 75-page report recently com­ homes. And pregnant women have to be cov­ pleted by the North Carolina Department of Wednesday, November 28, 1979 ered only if they are also receiving welfare Human Resources in response to a 1977 re­ •Mr. PAUL. Mr. Speaker, as a medical payments under the Aid to Families with quest from HEW that it "develop an initia­ Dependent Children (AFDC) program, which tive to 'regionalize child health care' in re­ student, I had not really thought about in many states means that they already have sponse to the emerging national priority to­ abortion until I saw a 2-pound infant at least one child and no husband living at ward developing a child health strategy." taken from the mother's womb after a home. That report-entitled A Child Health Plan hysterotomy and left on a table to die. But under the new eligibUity standards for Raising a New Generation, and bearing That experience taught me all I needed imposed by the House measure, all individ­ the symbol of the International Year of the to know. uals up to at least age 18 would have to be Child on its cover-is nothing short of a The right to life is seamless, extend­ included if their famUies' incomes amounted blueprint for Big Brother health care for ing from the moment of conception, to less than two-thirds of the federal poverty children. level, or about $5,000 for a family of four in According to fillis astonishing document, when a new life begins through the grace 1980. This would be true whether or not both it is not enough for a child to have a "family of God, until old age. parents were living at home. Similarly, a home." In addition, "every child" (emphasis Abortion, like infanticide and eutha­ pregnant woman would have to be covered added) must also have a "health care home." nasia, is murder. if her income was less than 80 per cent of "Like a family home," says the report, "a Recently my good friend Doris Gor­ the poverty level, even if she were single health care home will have a geographic lo­ don, founder and head of Libertarians and not eligible for AFDC payments. cation. It will also require continuing rela­ for Life, addressed the Maryland Right The legislation not only broadens the num­ tionships with an individual or group of ber of people included in the program, but care providers." to Life Convention. it also mandates much more extensive serv­ In short, "health care" as envisioned by What Mrs. Gordon has to say is impor­ ices. As the House committee report explains: the North Carolina report is to be provided tant for all of us, as is her eloquent "In addition to services currently required to "every child," not just the poor. Moreover, dedication to human life and individual under Medicaid, all states must provide cov­ the concept of "health care" is a very broad rights. erage of child health assessments, immuniza­ one indeed, encompassing not just thera­ tions, routine dental care, diagnosis and peutic medical services but also such items Her address follows: treatment of vision and hearing problems as child "advocacy," "family and economic How I BECAME PRO-LIFE (including hearing aids and eyeglasses), counseling," "day care" of children, "special (By Doris Gordon) prescribed drugs and insulin, prosthetic de­ residential arrangements on a temporary or In 1959 I read a book that changed my vices, home health services, physical therapy, permanent basis" for teen-agers who do not life and thoughts profoundly. Its name was rehabilitative services, ambulatory mental want to live at home, "family planning" serv­ Atlas Shrugged; its author, Ayn Rand. It health services, and emergency crisis inter­ ices, "abortion" as an "alternative solution," was her ideas together with those of vention inpatient mental health services "genetic consultation," "nutritional supple­ for children." Nathaniel Branden, a famous psychologist mentation," and on and on. who was once closely associated with her, Moreover, it is generally a.cknowledged Clearly, for the authors of the North Caro­ that ma.de me eventually pro-life. Ironically, that the explosion in medical costs since the lina "blue book," government-supported both strongly support abortion. advent of Medicare and Medicaid in the mid­ "health care" for children means, just as the Rand and Branden taught me aggression '60s has resulted from the fact that a "third title suggests, virtually everything involved is wrong; that human relationships should party," usually the taxpayer, often foots the in "raising a new generation." As might be be based upon persuasion and voluntarism entire bill for medical costs, leaving little expected, hundreds of parents throughout the instead of coercion or fraud; that the moral incentive for either patients or health-care state, who are still benighted enough to think and the practical are one and the same, in· providers to limit services to those which can that raising children is their role, have the long run at least; that first of all we be reasonably justified. Nevertheless, under greeted this "plan" with outrage. But that must do no ha.rm; and that ea.ch of us is CHAP, according to the committee report, has not stopped Democratic Gov. James B. personaJly responsible for our own actions, "States could not set limits on the amount, Hunt Jr. from endorsing the report as "North but not the actions of others. duration or scope of these services for chil­ Carolina's action plan for providing health dren, or require oopayments." services to children in this state," nor has it I also learned that the chief source of coercion and fraud is the state; that instead But the fiaws in CHAP are not confined to stopped the state legislature from enacting a of being helped and protected by the state, economics alone. Perhaps more disquieting measure to begin its implementation. we are harmed in countless ways; that in is the clear threat it poses to the institution That even one state, fully five years ahead order to create a more humane and healthy of the family. Warns Rep. William E. Danne­ of 1984, has embraced such an Orwellian plan society, we should turn away from the state meyer (R-Calif.) in his dissenting views on is bad enough. Much worse is the prospect the measure: and strengthen those voluntary institutions that, under the CHAP program now moving in society which do in fact promote the "Once it becomes an accepted fact of life through Congress, the federal taxpayer would good-such as the family, private charities, that the government, rather thart poor be forced to foot a much larger part of the the free enterprise system, and even the parents, should determine what kinds of bill than under current Medicaid law. Indeed, churches. I say "even", for, as some of you medical testing and treatment their children the for the Tar Heel State may know, I am an atheist. I point this out should have, then it could later be argued would jump from 6'8 percent to 95 percent. just to make it clear my pro-life position is that the government should have the right to And with an of this extra money from derived entirely from philosophical a.nd sci­ put poor children in foster homes or govern­ Washington suddenly available, the pressures entific ideas and is not intluenced by reli­ ment-run youth camps supposedly for their would only increase for more states to follow gious beliefs. physical or material benefit. in North Carolina's footsteps. This probably I don't know when I first thought about "And if it becomes accepted policy, as it wouldn't bother the House bill's liberal sup­ abortion, but I had always accepted the idea is already becoming, for HEW to issue rules porters, however. Indeed, the House com­ in some vague sort of way. But twelve years and regulations governing the types of mittee report displays some of the same kind a.go, I attended a lecture given by some dis­ screening and testing that should be done of anti-family thinking that pervades the ciples of Rand. Someone in the audience on children, and how it should be done, what astounding Tar Heel plan, as witness the challenged their pro-abortion position a.nd November 28, 1979 EXTENSIONS OF REMARKS 33995 then a. debate ensued about when the human military. But children can point to their par­ is the only justification for the existence of being comes into existence. 'Ilhis struck me ents and say you owe me care. government, and this is recognized by the a.s odd, for Ayn Rand's philosophy, which Now I can point my finger at each one of Declaration of Independence. she calls Objectivism, starts from the pre