March 12, 1980 CONGRESSIONAL RECORD-HOUSE 5371 HOUSE OF REPRESENTATIVES-Wednesday, March 12, 1980 The House met at 1 p.m. s. 1454. An act to amend the Act of Au several dozen lower ranking officers, sev gust 10, 1956, as amended; section 716 of eral dozen noncommissioned officers, and The Chaplain, Rev. James David Ford, title 10, United States Code; section 1006 of D.D., offered the following prayer: hundreds of enlisted personnel. title 37, United States Code; and sections Of all those I visited with only the Create in me a clean heart, 0 God, 8501(1) (B) and 8521(a) (1) of title 5, United three general officers felt that the All and put a new and right spirit within me. States Code. Volunteer Force is now attracting ade Cast me not away from Thy presence, The message also announced that the quately qualified personnel to serve the and take not thy holy spirit from me. Senate had passed a bill of the following military manpower needs of the Nation. Psalms 51: 10, 11. title, in which the concurrence of the Without exception, the lower ranking O Lord, incline Your ear to our prayer House is requested: officers, the NCO's, and enlisted person and hear our supplications. In all times S. 2018. An act to transfer unexpended nel felt that the quality of people who of worry or crisis You have bestowed balances of funds appropriated for salaries we are now attracting into our military Your grace and favor upon Your people. of Senate committee employees, and for forces is not of an adequate level to meet We look to You 0 Lord, as our guardian other purposes. our defense needs. and guide and as our protector along I think that each Member of the Con life's way. When the pressures of life DRAFT 18-YEAR-OLD DOCTORS gress would be well served to spend some overwhelm, grant us release, when the time personally observing the current burdens and responsibilities are intense, D This symbol represents the time of day during the House Proceedings, e.g., D 1407 is 2:07 p.m. •This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 5372 CONGRESSIONAL RECORD-HOUSE March 12, 1980 minute and to revise and extend her re minute and to revise and extend his re way they might react if the historic wa marks.) marks.) ter tower were to be moved out of Chi Mrs. FENWICK. Mr. Speaker, I do not Mr. SCHULZE. Mr. Speaker, I would cago. The same thing would happen if often rise to speak in a partisan spirit, like to share with my colleagues the the Redskins attempted to move. but I think it is time to speak to this plight of my constituent Dave Clark of If the NFL acts forcefully to bring House and as far as my voice may reach Clark Construction in Concordville, Pa., Davis under control, it will have the to the people of the country. and I quote: backing of American sports fans and What is happening to our country I've worked hard • * * raised a good Congress. and under what current conditions? How family * * * I've done everything by the did we arrive at the place we are today? book. But this time, I've had it. I'm tired LACK OF LANGUAGE TRAINING IN I do not think there is a Member of this of being in an industry that is selected to be the scapegoat for inflation every five OUR SCHOOLS House on either side of the aisle that years. does not know there is an uneasy feeling ALTH Their best estimate is that up to 28 where there are NFL franchises. PROFESSIONALS SPECIAL PAY percent o.f all recruits accepted in recent I think there will be substantial sym ACT OF 1980-VETO MESSAGE years have been in the lower mental pathy in this body for complaints arising FROM THE PRESIDENT OF THE category, instead of the 6-percent rate from the proposed move from Oakland UNITED STATES previously reported. where fans have faithfully supported the The SPEAKER. The unfinished busi Mr. Speaker, as military weapons sys Raiders. The fans in Oakland are as loyal as any in the league. In each of the last ness is the further consideration of the tems grow ever more complex, it is veto message of the President on the shocking to learn that in some instances 10 years, the Oakland team has sold more than 50,000 season tickets. If the bill (H.R. 5235) to amend chapter 5 of it is harder to cheat on a drivers license title 37, United States Code, to revise the test than on an enlistment exam. NFL wants to avoid legislation, it is es sential that it exercise responsible self special pay provisions for certain health Let me assure my colleagues that the regulation about the movement of team professionals in the uniformed services. newest member of the House Armed locations. Mr. NICHOLS. Mr. Speaker, I ask Services Committee intends to look I regard myself as a typical pro foot unanimous consent that the message, to closely at these alarming reports. ball fan. As a part-time resident of gether with the accompanying bill, be Washington, I like the Washington Red referred to the Committee on Armed DRIVING SMALL BUSINESS OUT OF skins, but, as a Congressman from the Services. BUSINESS Chicago area, I am a dedicated Chi~ago The SPEAKER. Is there objection to Bears fan. the request of the gentleman from Ala tax con McDade Pritchard Stump tained by the chair? McEwen Quayle Swift ference report. I do so because although The SPEAKER. If it is made. McHugh Quillen Symms the connection is not on its surface clear, Mr. BAUMAN. Mr. Speaker, I with McKaJy Rah.a.II Synar there is a connection between the resolu McKinney Railsback Tauke draw my reservation of objection. Madigan Rangel T&y1or tion that this rule makes in order and the The SPEAKER. Is there objection to Maguire Regula Thomas whole matter of the conference report the request of the gentleman from MaJrks Reuss Thompson on the windfall profits. Marlenee Rhodes Traxler Alabama? Marriott Richmond Udall 0 1340 There was no objectidn. Martin Riili8ldo Ullman I think the Members, even those who Mathis Ritter Van Deerlin Matsui Roberts Van1.er Jagt were not particularly interested in this CALL OF THE HOUSE Mattox Robinson Vanik subject may be interested in know Mavroules Rodino Vento ing the process that will be followed in Mr. BAUMAN. Mr. Speaker, I move Mioa Roe Volkmer Michel Rose Walgren the event that the various resolutions are a call of the House. Mikulski Ros:tenkowskl Walker adopted. A call of the House was ordered. Miller, Dali!. Roth Wampler It really does not matter to me The call was taken by electronic de Miller, Ohio Rousselot Watkins whether Members are informed. I would Mineta Roybal Weaver vice, and the following Members re Minish Royer Weiss just like them to have the opportunity, sponded to their names: Mitchell, Md. Rudd White and I know that they cannot have the Mitchell, N.Y. Runnels Whitehurst opportunity unless they can hear. [Roll No. 136] Moak.ley Russo Whitley Abdnor Conte GI ickIDMl Mollohan Sabo Whitten This resolution is unusual. It makes Addabbo Corcomn Goldwater Moore Sa!ntini Willia.ms, Mont. in order a resolution that does nothing Akaka Corman Gonzalez Moorhead, Satter:fleld Wilson, Tux. except send a message. It is a resolution Albosta Cotter Goodling Calif. Sawyer Winn AleX!ander Ooughlin Gore Mottl Schroeder Wirth offered by the gentleman from Virginia Anderson, Courter Gradison Murohy,Pa. Schulze Wolpe ans, Del. Jacobs sent the wrong message. They felt it was Brinkley Evans, Ind. Jeffords mediate consideration. important, since the House had not had Brodhead Fa.ry Jeffries The Clerk read the resolution, as an opportunity to debate and act on the Brooks Fasoell Jenkins division of the proceeds of the windfall Broomfield F1aiz1o Johnson, Calif. follows: Brown, Dall!. Fenwick Jones, N.C. H. RES. 604 profit tax, that the Members at least Broyhill Ferraro Jones, Okla. Resolved, That upon the adoption o! this have an hour's debate on that subject Burgener Findley Kastenmeler resolution it shall be in order to consider the and have an alternative to express their Burlison Fish Kaz en Burton, John Fisher Kemp resolution (H. Res. 602) expressing the sense preference. So, they put in a resolution Burton, Phllllp Fithian KU dee o! the House of Representatives that the net that provides for another distribution of Butler Flippo Kindness revenues from the windfall profit tax should the proceeds, again having no force of Byron Florio Kogovsek be primarily directed toward solving our Na It Camubell Foley Kostmruyer tion's energy problem, in the House. Debate law, again just sending a message. Carney Ford, Tenn. Kramer on said resolution shall continue not to ex provides for 50 percent of the proceeds OaJrr Fomvthie LaFalce to go to energy purposes, 25 percent Carter Fountain LagomSJrsino ceed one hour, equally divided and control Cavanaugh Frenzel Latta led by the proponent of the resolution and just as in the other proposition in the ChaJppell Frost Leach, Iowa the ranking minority member o! the Com conference report--to go to the poor, and Chisholm Fuqua Leach, T.a. mltee on Ways and Means, and the previous 25 percent to go to the general fund, I Clausen Garcia Leath, Tex. question shall be considered as ordered on presume perhaps for tax decreases over Clevie.land Gephardt Lederer said resolution to its final adoption or re time. Clinger Giaimo Lee jection without intervening motion. Coelho Gibbons Lehman Now, Mr. Speaker, please understand COle:man Gilman Leland the windfall profit tax and the whole Collins, Tex. Gingrich Lent The SPEAKER pro tempore income tax reductions 25 agree with the gentleman's comments. I the reasons the Committee on Rules percent for low-income assistance, ~nd might recall the statement of the gentle- made the unusual decision to allow con 15 percent for energy an!d transportation man from Florida windfall tax without its going back to sear~h and development, 25 percent for the luxury, for all intents and purposes, conference. The reason for that is very low-mcome assistance, and 25 percent to of sending two completely separate simple. There are a lot of people who the General Treasury. signals to the American people. We say feel that for all kinds of different rea Mr. Speaker, this resolution precedes in this resolution that we are doing one so~s there will be a major attempt, if the consideration of the conference re- thing, and in the conference report an this conference report fails and goes back port. As long as I have been here, I have other; and in fact we are doing neither. to conference, to see to it that there never seen this type of procedure where Mr. KRIAMER. Mr. Speaker, will the is no windfall profit tax bill. we attempt to amend the language of the gentleman yield? Mr. Speaker, I am not even going to conference report before we even take up Mr. LOTT. I yield to the gentleman ~a~ w?o the people are who will oppose such conference report. To say the least, from Colorado. it mside or outside of Congress. I will the procedure is completely unorthodox Mr. KRAMER. Mr. Speaker, could the leave it to the imagination of the Mem By doing this, tthe Congress will be send~ gentleman tell me, if we were to pass the bers. A variety of people might well op ing out more conflicting signals than the Fisher-Gephardt proposal, and then we pose the conference, any windfall profit White House. If a Member chose to, he were to pass the conference report maybe tax if it got back into conference again. could vote for the earmarking resolution an hour or two later, what would be the They had an extraordinarily difficult and turn right around on the same after- effect of what we have done? time getting it out of conference to be noon and vote against the win'dfall profit Mr. LO'IT. On the resolution, it would gin with. tax conference report. Realizing this, an have no effect, really. It is just an expres Mr. Speaker, we therefore provided attempt was made yesterday in the com- sion of the sense of the Congress, not this resolution which I think I have ex mittee on Rules to make in order the binding in any way. The conference re p~ained and it makes it possible for the resolution 'as a part and parcel of the port, if it had any impact as far as the Fisher-Gephardt resolution to be con ~onsideration of the conference report allocation of where the funds would go, sidered. itself. Needless to say, this aittempt failed. certainly would take precedence over a Under the Fisher-Gephardt resolution I suppose it made too much sense to do meaningless resolution. the time of 1 hour will be controlled it this way. Mr. KRAMER. Would we have suc- by the proponents, the gentleman from If this is not enough, the whole idea of ceeded in being able to speak out of both Vi.rgin_ia tax policy. resolution supposedly expressing 'the from New York. Would the gentleman agree with that sense of the House of Representatives Mr. CONABLE. Mr. Speaker, I have statement? that the net revenues from the windfall come to exactly the same conclusion as Mr. LOTT. I certainly would. profit tax should be direcbd primarily the gentleman in the well. It seems to me Mr. KRAMER. I thank the gentleman toward ~olving our Nation's energy prob that we are almost dealing with a mirage for yielding. lem. This resolution is made in order to here. If it has any substance I am cer- Mr. BOLLING. Mr. Speaker, I yield 5 be consi'dered in the House. There is to tainly against it because I do not like minutes to the gentleman from Virginia b~ ~ hour of debate which is to be equally the idea of trying to rearrange a care- excise tax by definition, and it will be the House will be on record both ways, cedure I love. I love to be two-faced on ultimately, many of us feel, be a tax on going in two different directions on the the very same day. After all we are only the consumer passed on by producers. So very same day concerning a very impor talking about is a simple little old tax the gentleman did not mean to leave the tant and serious matter. increase that is the biggest single tax in impression that this is just a tax on Think of the precedent this will set. crease in history." windfall profits or something, did he? It If, God forbid, America is faced with a D 1410 is an excise tax. It is similar to a sales decision that war has to be declared, all You are only talking about $227 billion tax, and it will ultimately be paid by the Congress would have to do is first con consumer. in taxes, which is only one-fourth of the sider a sense of Congress resolution that national debt. The amount could be even The gentleman knows that, does he we not go to war for those who oppose not? more. You remember the national debt? war, and then Congress would pass an Perhaps we could vote a sense of Con Mr. FISHER. Mr. Speaker, will the other resolution sending us to war. gentleman yield? gress resolution that we not have a na How about the balanced budget? That tional debt before we increase the na Mr. ROUSSELOT. Why, of course, I is a great idea. Under this new procedure yield to the gentleman from Virginia. tional debt. the Members who do not want to balance I commend the majority of the Com Mr. FISHER. Mr. Speaker, I thank my the budget but want to spend money for colleague, my esteemed fellow committee mittee on Rules. I am sorry they did not programs would first have a sense of allow me to have my motion adopted member, for yielding. Congress resolution that we not balance Of course, this is an excise tax. yesterday. I wanted to do a terrible the budget, and then we would vote later political thing. I wanted to let thls Mr. ROUSSELOT. I appreciate the in the day in favor of balancing the gentleman's recognizing that fact. Our House vote for the Fisher-Gephardt budget. matter in a motion to recommit the colleagues should know this huge tax is How about defense increases? The very similar to a national sales tax. conference report so that they would possibilities are enormous with this have had a choice, that they could have Mr. FISHER. More carefully defined, precedent. Walt Disney Studios could it is a severence excise tax, yes. The tax changed the conference report terms, not have possibly come up with a more and Fisher-Gephardt if the majority is now so widely called a windfall tax intricate and brilliant scheme to cover that it is hard not to use the term. It is wanted it, could have been passed. all exigencies as well as entertain the I am not sure that I agree with not, however, a sales tax. It would be people. paid by oil companies on the difference Fisher-Gephardt, but I agree that this I do not know precisely why this rule is a travesty that ought to be de between the oil market .{:'rice and the base novel procedure is being followed except price. Gasoline at the pump, for exam feated, and the best way you can do it that there is a feeling on the majority is to vote down this pending resolution. ple -would not go up in price because of side of the aisle that we must consider this tax. And then we will off er a motion to re a sense of Congress resolution for those commit with your language in it. Mr. ROUSSELOT. That is a misno who want to spend the money for en mer, is it not? Mr. ROUSSELOT. Mr. Speaker, will ergy so they can vote first, and then later the gentleman yield? Mr. FISHER. It is in a way a mis we will really do what we want to do. nomer to relate it directly to "profits." Mr. BAUMAN. I yield to the gentle approve the use of the revenue for tax man from California. Mr. ROUSSELOT. It is a real misno cuts. mer. We should be calling this huge tax Mr. ROUSSELOT. I appreciate my Mr. Speaker, as Members of Congress colleague's yielding. an excise tax or a national sales tax. we get many reports and we do not al Mr. FISHER. The tax will not fall in Then the gentleman means that Res ways read all the reports that are made olution No. 602 now before us is in con the first instance on the consumer. It available to us from the GPO at great flict with the conference report itself? will fall on the refiner, more specifically. expense, but I will ask my colleagues to Mr. BAUMAN. I tried to convey that Mr. ROUSSELOT. No, but ultimately please get their conference reports out it certainly will. idea. now and follow me on this. This is not Mr. ROUSSELOT. I thought the Mr. FISHER. Perhaps ultimately. very difficult to follow. gentleman got it across very well, but Mr. LOT!'. Mr. Speaker, I yield 8 min I will ask my colleagues to get their some of my colleagues were talking over utes to the gentleman from Maryland conference reports and turn to page 29 (Mr. BAUMAN). on the Democratic side of the Chamber and look at section 102 Cb) . There the and I wanted to be sure that they heard Mr. BAUMAN. Mr. Speaker, let me Members will see what the Committee it. say to my colleagues, "I'll bet you all on Ways and Means and the conferees Mr. BAUMAN. They were probably thought you were coming here today to have recommended that we spend this dumbstruck-they were mumbling to vote on a windfall profit tax, didn't you? tax money for sometime in the future. each other-at my revelations. Did any of you realize you would first be The recommendation is 60 percent for Mr. ROUSSELOT. Dumbstruck? I forced to vote on a meaningless resolu income tax reductions, 25 percent for hope they were dumbstruck enough to tion, that is, a sense of Congress resolu low-income assistance, and 15 percent vote against the resolution. tion with no force of law, before you only 15 percent-for energy and trans Mr. BAUMAN. That is not a personal would be permitted to vote on the wind portation programs. Remember, this tax description of anyone. fall tax conference report?" was supposed to be a solution of our en Mr. LEVITAS. Mr. Speaker, will the I am sure the Members did not realize ergy problem. gentleman yield? that, because such a situation is virtually Now I will ask the Members to take Mr. BAUMAN. I yield to the gentleman unprecedented in our recent parUamen the resolution, which is House Resolution from Georgia. tary annals; we are asked to vote on a 602, the Fisher-Gephardt resolution, and Mr. LEVITAS. Mr. Speaker, as a Mem sense of Congress resolution and then hold it up alongside the conference re ber who is not a part of the Committee immediately annul that sense of Con port and read it. It says, "notwithstand on Rules-- gress resolution with a conference report ing"-and the gentleman from Virginia Mr. BAUMAN. There is virtue in that, that takes just the opposite position. The trade. first of all, to try to dispel the notion man from Virginia. 0 1430 that this is a consumer tax. Consumers Mr. FISHER. Under the Fisher-Gep If we want to help the economy, if we are going to be paying an awful lot of hardt resolution, only 50 percent of the want to help the country, then go along money for energy Whether we continue $227 billion sort of initially takes on the with the conference report's distribution price controls or not and whether we windfall profit tax. of the tax revenues and put the money impose a windfall profit tax or not. Mr. LOTT. Mr. Speaker, I yield 3 where it is needed; do not just throw it March 12, 1980 CONGRESSIONAL RECORD- HOUSE 5379 at a problem with increased Government today. In this bill we have the oppor of the gentleman from Missouri tax revenue, and report we have decided to raise this tax, of the windfall profit tax. Evidently there somehow make the poor rich or make but we have not decided how it will be is disagreement about that; however, as the poor somewhat well in the field of spent. between the Senate and the House con Now, why is that important? It is im ferees, there was agreement. That agree energy. portant to send accurate messages to ment was that since it is vastly uncertain Now it seems, as was suggested by the the American people on what we are gentle~an from Maryland, that that is how much sums of money are going to be not what we are doing here at all. We doing. I think if we pass this resolution raised by the windfall profit tax, the saf we create an accurate portrayal of what est thing to do with the bulk of the pro are saying, first of all, that to make a we are doing-that is, not deciding how profit in the energy business is some ceeds is to put it back into the private to spend the windfall money. economy, to serve as a resource to be how a sin, that energy produc!ng must Second, we are going to argue over the available to those who are going to have be penalized and the money from that next 10 years about how this money to deal with the very troublesome prob penalty must be used in a scheme to re should be spent and whenever a bill lems of energy and everything else that distribute wealth in our society. We were comes up to spend it, we are goi.ng to get afflicts this country over the foreseeable prepared to vote on that, but now we are up and use the language of the confer future. coming to the conclusion that we have ence report to buttress arguments that To, in effect, earmark this money for a a prior item of ·business to take up and we make for tax cuts or spending for Government program of energy would that is a resolution saying that we are energy. Let us just make it clear that we not be in the best interests of this coun going to penalize the energy producing have a difference of opinion today about try. It would clearly result in a substan segment of our economy and with the wha.t we should do over the next 10 years. tial growth of Government, something money we are going to produce energy. All I want to have happen today is that I do not believe the American people Now, it just seems to me that the best for the Members of the House to at least want to see financed out of the windfall people available to produce energy in our have the opportunity to have had an profit tax, and ultimately it would result economy are the peo ~1le who are experi hour of debate and to have had the in, I am afraid, a good deal of confusion enced in the production of enerr,y; but, opportunity to vote on a rernluti.on to about where the responsibility for the the backroom talk in the Committee on express the sense of the House on this generation of energy ultimately lies. Ways and Means that we hear somehow date in March 1980, as to what a ma ior The price of oil is going up very sub says no, the proceeds from this sin tax ity of the Members would like to advise stantially. The price of oil in rising cre that is going to be collected by the as to what should happen to this money ates economic feasibilty for alternative United States is go;_ng to go to help the in the future. types of energy which should be provided poor and the amount has to be that Mr. Speaker, let me end on one other by the private sector if it is to be effec much, because that is how much of the point. I think in the next 10 years we tively provided, rather than through the poor we are going to help. are going to snend an amount equal to Government, the same lovely people who Now comes the gentleman from Vir 60 percent of this money on tax cuts and have given us such wonderful postal ginia and puts us in a terrihle bind. The an amount equal to 50 percent of this service and such efficient programs gentleman says that we ought to use the money on energy. If you look at the num about which we lament here in the well sin tax on energy producers to somehow bers, if this money is all go;ng to general so often. produce some more energy, which is go revenue, that is what is going to happen. Granted, the conference report is not ing to be a very tough tightrope to wa1k If you pass an $8 billi.on tax cut this year, binding on future Congresses. We can of course. but nevertheless, that is what that will eat up an amount equal to 60 change the disposition of the proceeds of the gentleman suggests that we do; so it percent of th;s money bv 10 years from the highway trust fund, too, if we wish would be utterly fatuous to go home and now: so I thi.nk we ought to be accurate in future Congresses; but this Congress tell our people that we are going to pen with. what we ten the Ameri".!an peoule should not send out conflicting signals alize energy production for the sake of and we can do that by vot;ng for this and we certainly should not urge that the producing energy. rule and for the Fisher-Gephardt proceeds of a tax which is going to raise Mr. BOLLING. Mr. Speaker, I under resoluti.on. $227.3 billion, give or take $100 billion, stand that the gentleman from Miss~s Mr. McCORMACK. Mr. Speaker, will should be specifically earmarked for an sippi has only one additional speaker. I the gentleman yield? indeterminate expansion of the Govern have two, so I will yield 3 minutes to the Mr. GEPHARDT. I yield to the gentle ment. gentleman from Missouri (Mr. GEP man from Washington. Mr. Speaker, I hope we will vote down HART)T). Mr. McCORMACK. Mr. S-:-eaker, I the rule. I hope this will be the end of Mr. GEPHARDT. Mr. Speaker, I want thank the gentleman for yielding. I agree this particular exercise, that we will go to begin by expressing my profound with the gentleman and congratulate on to the serious business of deciding the respect for the members of the confer him and the gentleman from Virginia disposition of the windfall profit tax ence committee from the House who I (Mr. FISHER) for their resolution. I hope measure itself. think did an outstand"ng job of deal the Members wm support the rule. ing with a very difficult subject and I think it is important to recognize D 1440 coming forth with a conference report that this is not a frivolous resolution. If Mr. LOTT. Mr. Speaker, I yield back of which we can be proud and for there is anything frivolous of what we the balance of my time. which I intend to vote. It was a verv have seen today, it is a tax credit for Mr. BOLLING. Mr. Speaker, I yield difficult process with the Senate and residential geothermal heat, as contained myself the remaining 2 minutes. they performed in the best tradition of in the conference report. Mr. Speaker, I would think that the this House to come forth with a very I shall expand on the value of the debate itself has demonstrated the need important conference report. · Fisher-Gephardt resolution if the rule is for another hour's debate on this sub Mr. Speaker, let us understand, how adopted. ject. I have never heard so many dif ever, what we are talking about here The SPEAKER pro tempore. The time ferent points of view raised, some of 5380 CONGRESSIONAL RECORD-HOUSE March 12, 1980 which I thought made some sense and Gephardt Luken Rose Staggers Gilmam Lund.ine Trible Willia.ms, Mont. some did not. Rosenthal Sta:n.gieland Ullman Williams, Ohio Ginn McCormack Roth Stanton But the fact of the matter is that the Glickman McHugh Vl8lllDeerlln Winn Russo Stark Vancter Jagt Wyatt House is asked to act on a conference Gone McKaiy Sabo Stenholm Vanik Gramm McKinney Wydler report that pretends to allocate a very Santini Stokes Walker Wyliie Gray Maguire Sawyer Stump substantial amount of money in a cer Green Wampler Young, Alaska Markey Scheuer Symms Watkins tain way that it has never had an oppor Guarini Mrutsui Young, Fl.a. Schroedier Tauke Whitehurst Zablocki tunity to debate. A conference report Gudgier Mattox Seiberling Taylor Hall, Ohio Whittiak·er does not provide a lot 'of time, and I Mavroules Slhann.on Thomas Whitten Hall, Tex. Mikulski Sharp think what the gentleman from Mis Hamilton Miller, Calif. Shelby ANSWERED "PRESENT"-2 Hance souri duty and re pretty well at that time, to $600 billion national defense. sponsibility upon themselves?'' a year; and now each year the revenues Is there any Member of this body, There are no plans before this Con are projected to increase by $100 billion analysing our problems in the Persian gress that would spend any more money a year. Just the amount of money it took Gulf, who does not know that these seri than the Committee on Ways and Means to run this whole country for a whole ous problems are, in large part, because and the conferees set aside. There is no year a few years ago, that is how much of our dependence and the dependence possibility in developing this year any the increase is going to be. of our allies on the petroleum product.s plans that will spend more money. than This is a terrible drag upon the whole of that region? the conferees have set aside for energy. economic system of our country. And un We cannot solve our economic prob So it is ridiculous to tie up this money on less we recognize that as a drag on this lems, we cannot solve our defense prob programs that do not even exist and system and vote to allow that money lems unless we have an effective energy ideas that have not even been dreamed that we cannot wisely spend to go back policy. And how are we going to do it of yet. into the pockets of the people who are unless we spend some money for solar March 12, 1980 CONGRESSIONAL RECORD-HOUSE 5385 and conservation banks, mass transpor Energy is the issue here. To the extent Mr. CONABLE. So instead of a small tation programs, coal conversion, the that there is any energy policy involved tax cut the gentleman would rather strategic petroleum reserve, nuclear fu in the windfall profits tax, it is to the ex have a large increase in Government? sion research, biomass fuel programs and tent that the windfall profit ax is neces Mr. SOLOMON. Let me say to the low- and middle-income fuel assistance? sary to backstop deregulation, because gentleman in the well the reason I am That is where this money ought to go. deregulat~on will ge~ the private sector, confus_ed. If I thought that the money That is the answer to the auestion that the great problem-solving sector of our set aside to produce energy was going continues to be asked: "What are we economy, on the side of creating alterna to produce energy and not be wasted in going to do with the money?" tive energy sources. the Department of Energy, then I would And $30 billion or $40 billion over a We will not get the job done by having consider voting for the Fisher resolu 10 year period is woefully inadequate to the Department of Energy build more tion, because that would be better than even begin to address these problems. bureaus, inhabit more buildings, pro a $60 tax cut, but we have no assur Mr. CONABLE. Mr. Speaker, I yield pound more regulations and confuse ances that it will. I guess we could gam myself such time as I may consume. more people. ble on the Department of Energy spend ing the money wisely in an effort to pro 0 1540 The best answer is to vote down the resolution. I hope it will havr>en. duce more energy and therefore I will I confess that I am confused about I do not understand the decision to probably vote yes on both the Fisher what is happening here. I think the take it up, but be that as it may, it is still amendment and the windfall profit tax. American people may ultimataly be a not too late to correct. Mr. CONABLE. I thank the gentleman little confused also. A vote for this measure is a commit for his illuminating explanation. I re I have looked over the list of the ment against tax cuts. A vote against spect his concerns. He will have a chance people who voted for taking up this pro to debate the windfall profit tax later. vision, and I find among them some of this measure is an expression of confi dence in the private sector. It is an Mr. FISHER. I yield such time as he our most pristine conservatives who ap expression of confidence in deregulation, may consume to the gentleman from parently think that putting another $70 Texas (Mr. ECKHARDT). billion into the Department of Energy It is an expression of confidence in the American people and their right to com Mr. ECKHARDT. Mr. Speaker, I op would be a good thing to do. I am sure pose the resolution, though I am not al they are advocating budget cuts at the mit their own resources to do their own thing. together happy about the manner in same time. Mr. SOLOMON. Mr. Speaker, will the which the conference report lists speci I find among the list some of the people fied uses for amounts in the special ac who have been advocating most strongly gentleman yield? count in the Treasury. It seems to be a tax cuts of one sort or another whether Mr. CONABLE. I yield to the gentle mistake to create an anticipatory ap it be the marital penalty or y~u-name man from New York. plication to tax funds. The conference it, and yet here was a chance for them Mr. SOLOMON. I just want to tell the report assigns use for income tax reduc to send out the signal that a massive gentleman I think he might be a little tions, 60 percent, low-income ass:stance, revenue bill could be diverted in part premature in his criticism of us pristine 25 percent, and energy and transporta back into the pockets of the people, and conservatives who may have voted for tion programs, 15 percent. However as they voted against it. the rule. I would like to tell the gentle the gentleman from Florida (Mr. man why I voted for the rule. GIB The wh_ole procedure involves sending BONS) explained, these can only have an out two signals to the American people, Mr. CONABLE. I would like to know a advisory effect because the actual not one. I assume that a majority of this good reason. authorization and appropriation of such body eventually is going to vote for the Mr. SOLOMON. I will tell the gentle funds would have to be done later. The windfall profits tax, which will involve a man exac_tly why a lot of us did, some Fisher-Gephardt resolution would in whole different percentage distribution of conservatives and some liberals. I will struct an allocation of 50 percent of the proceeds of the tax than the resolu tell the gentleman where I stand on this revenues raised by the windfall profits tion we are now debating. issue. I am definitely undecided. I do tax to energy conservation and produc My friends, it is my feeling that one of not know what to do. A lot of people are tion, 25 percent for low-income energy the reasons Government is low in credi the same way. I wanted a chance to have assistance, and 25 percent for general bility is because we try to be all things to it aired on the floor. uses. Again, these provisions would be I will pose a question to the gentleman merely advisory; indeed, they are framed all people, ~ot afflicted by consistency, which he could answer after I make an that hobgoblm of little minds. as a sense of the House resolution. other statement, if he would. It is impossible for us now to deter W~ are not even afflicted by enough The gentleman is saying that some of consistency so that public can under mine the merits of placing 50 percent of us may be voting for tax increases. the revenues in energy conservation and stand what we are doing at one time or Mr. CONABLE. I did not call the gen another. Certainly this whole ·procedure production when we do not now know tleman's name. I do not know what his what proposals would be made for the is nothing but a confusion. motives are, nor do I question them. Well, somehow we should have some use of these vast funds. The 25 percent Mr. SOLOMON. I just wondered how for low-income energy assistance is the philosophical explanation of what we are the gentleman in the well is going to doing here. How can a conservative, any ~ame in both proposals. In my opinion, vote on the windfall profit tax. That is m the face of soaring inflation, it should body who calls himself a conservative- not a tax cut. That is a tax increase on be higher. "General use," to which 25 and there are many people in this body the American people. The reason I am percent of the tax receipts would be al who are not-call himself that and still concerned is this: When I look at the located, is extremely indefinite. Perhaps decide that the way to solve our energy 60 percent tax cut, and I have done some it could include plowbacks to the oil com problem is to have the Government do it fast calculations with some of my col panies. The proposal is no more binding all. leagues here, and if I am correct, there nor definite than that in the conference Yet that is what this proposal is, to put are about 220 million people in this report. another $70 billion, more or less-nobody country. Allocating 60 percent of the What tips the balance for me is this: knows ~ow much-but clearly a large windfall profits to tax cuts comes to This resolution is offered at a time when proportion of probably burgeoning rev $~3? ?illion over 10 or 11 years, and by vast amounts of money are proposed to enue from the tax back into a Govern d!v~dmg 220 million people into $136 be spent for prograrr.s for energy devel ment so~ution of the energy problem. billion over 10 years, it comes out per opment which I believe to be, in their My friends, I do not think that is the capita to about $600 per person in present form, extremely unsound. way to do things. We do not know how America over 10 years. That amounts to Last night the conferees on s. 932, much money we are going to get, but we a tax cut of about $60 a year or two the synfuels bill, agreed that $20 billion know, whatever it is, it will come from tanks of gas. should be expended for price supports, the American people, and it has ulti Mr. CONABLE. Is the gentleman's purchase guarantees, loans, and loan mately got to go back to them, either point there is not enough tax cut in guarantees to the producers of synthet through tax cuts or through more Gov here? Is that what the gentleman is ic fu ~ ls . In the face of an average price ern_ment programs. If given a choice, saying? of $27.50 for oil in the world market which do you think they would choose? Mr. SOLOMON. Absolutely. stripper oil at $33, and oil not infre~ 5386 CONGRESSIONAL RECORD-HOUSE March 12, 1980 quently sold at around $40 in the spot grams should be funded at about $7 bil Mr. MOFFETT. This is with all due market, it does not seem to me prudent lion in :fiscal year 1981, and progressively respect to the conferees. to apply $20 billion for these purposes. more immediately thereafter. Mr. ROUSSELOT. Oh, I cannot be Such price levels should create market Now why is the Fisher-Gephardt res lieve that; the conferees labored so long. conditions in which synfuels could come olution important? Mr. MOFFETT. Would the gentleman on without Government subsidy. Today, the administration is trying allow me to continue? Furthermore, if such a synfuel pro to balance the fiscal 1981 budget by cut Mr. ROUSSELOT. Yes; I will be glad gram is put into effect, the twin legisla ting our energy research, development, to. tion contained in S. 1308, the "fast and demonstration programs. The effect Mr. MOFFETT. I know the gentleman track" legislation, would probably pass. would be to destroy our chances of sig is in a state of shock, but if the gentle This would give to an Energy Mobiliza nificant energy production during the man could yield to me further, I would tion Board an enormous power in select balance of this century. appreciate it. ing who should get the benefits of fast The gentleman from New York Russia or to Wall Street for the ad Mr. ROUSSELOT. Is the gentleman is as little attention to the environment ministration to say that we should not telling us that we should vote against al effect as there is to the economic. We even try to solve our energy programs? :final passage? are hurtling pellmell toward enormously I think we should be supporting the Mr. MOFFET!'. Perhaps the gentle important economic and governmental Fisher-Gephardt amendment, and send man agrees with this, that this whole policy decisions without giving serious a positive message to the entire world bill is a perfect example of why we are attention to either the process or the that we are serious about producing out of favor with the American peo consequences. energy from domestic sources, and re ple. Therefore, I am not at this time will ducing our vulnerability to OPEC. Mr. ROUSSELOT. I agree with that. ing to tilt the intended use of the tax Mr. CONABLE. Mr. Speaker, I yield 3 Mr. MOFFETT. The gentleman may from 15 percent for energy and trans minutes to the gentleman from Califor disagree with this part of my statement. portation programs to 50 percent. It nia (Mr. ROUSSELOT). Mr. ROUSSELOT. No; I agree with would be, in my opinion, prudent to Mr. ROUSSELOT. Mr. Speaker, as a what the gentleman just said. This leg leave the conference report as it is until member of this committee that partic islation is an excellent example of why we have some more carefully defined and ipated in bringing this bad legislation Congress is out of favor with the Ameri well-thought-out programs for energy to the floor, I would like to say that I can public. production and energy conservation than rise in opposition to this particular res Mr. MOFFET!'. What I am about to we have at this time. olution, because it creates substantial say, first we decontrol oil and we dis It is for these reasons that I feel com confusion for everybody. agree on the merits of that. I am entirely, pelled to vote "no" on the resolution. Now all of these so-called signals or passionately against decontrol. Mr. FISHER. Mr. Speak:er, I yield 2 messages that we say we are sending out, We are now headed for $1.50 gasoline, minutes to the gentleman from Wash all I ask the Members to do is, as my probably $2 gasoline. This bill will not ington (Mr. McCORMACK). colleague from Maryland has stated, do one thing for consumers with regard Mr. McCORMACK. Mr. Speaker, I rise read this resolution. Compare the lan to those kinds of prices. in support of the Fisher-Gephardt res guage in the Fisher resolution to what it Mr. ROUSSELOT. Except give them olution. I would like to point out that says in the conference report on page 29, some extra tax to pay and those oil com 50 percent of the revenue that we are section 102, and then tell me how any panies all pass it on to the consumers. discussing would be about $114 billion tody covered by this law is going to Mr. MOFFET!'. It will not do one over an estimated 10-year period, or have the slightest idea of what the Con thing to lower their bills. It would prob about $11.4 'billion a year. This definitely gress will do to implement this legisla ably not produce another drop of oil un is not too large a sum of money for fund tion? less Fisher is adopted. It will certainly, ing our energy research, development, This contains such divergent and con it might even, in fact, really produce demonstration, and production pro fusing direction that I cannot even be less oil, if you really look at it care grams. It is certainly not frivolous to get, lieve it was offered. fully. serious about funding these programs D 1550 Mr. ROUSSELOT. Does the gentleman realistically. Mr. MOFFETT. Mr. Speaker, will the mean this bill is going to produce less For this year, fiscal year 1980, we are gentleman yield? oil? spending $4 % billion to $5 billion in our Mr. ROUSSELOT. Yes, I will be glad Terrible. I cannot believe that any of mainline energy R. & D. programs, in to yield to my colleague, the gentleman my colleagues would impose that on us. fission, fusion, fossil fuels, geothermal from Connecticut. Mr. MOFFETT. Mr. Speaker, will the. energy, electricity storage, basic re Mr. MOFFETT. Mr. Speaker, I have to gentleman yield further? search, solar energy, conservation, envi disagree with the gentleman on the Mr. ROUSSELOT. Yes. ronmental protection, electric vehicles. Fisher amendment because I think that Mr. MOFFETT. I know this is hard on This does not include the various appli this entire bill is part of a larger gim the gentleman. cation programs in solar, wind and geo mickry that we all ought to be aware of. The fact of the matter is, and we can thermal energy, in ocean thermal gradi Mr. ROUSSELOT. The whole bill is hear it when we talk to Members on the ents, in transportation systems, in syn gimmickry? floor, we have got to vote for this be thetic fuel programs, in conservation ap Mr. MOFFETT. The entire bill and the cause we have to do something bad to plications or the alcohol production, in conference report. the companies. We have got to vote for the conversion of municipal wastes such Mr. ROU.SSELOT. Does the gentle this because we could not explain a "no" as garbage to energy. man mean this bill is gimmickry that we vote. There is no question that these pro- have here today? Mr. Speaker, I urge my colleagues to March 12, 1980 CONGRESSIONAL RECORD-HOUSE 5387 vote "no." You can still be for reimpos By leaving the money in the pockets MOTION OFFERED BY MR. BAUMAN ing controls or decontrol, but this bill is of the oil companies, we can assure our Mr. BAUMAN. Mr. Speaker, I send a irrelevant to that. selves that they will be in a good posi privileged motion to the desk and ask for Mr. ROUSSELOT. It is irrelevant? I tion to set the Nation adrift and move its immediate consideration. am glad we got that straightened out. to one of their foreign headquarters if The SPEAKER pro tempore. The Clerk Mr. FISHER. Mr. Speaker, I yield 2 OPEC should go off the dollar standard. will report the motion. minutes to the gentleman from New Meanwhile, we will not be significantly The Clerk read as follows: York (Mr. DOWNEY). less dependent on imported oil, we will Mr . Bauman mo.. es that further consid Mr. DOWNEY. Mr. Speaker, I am de have depleted a great deal more of our eration of the resolution (H. Res. 602) be lighted to have this 120 seconds to give domestic reserves, and the then truly postponed until the next legislative day. my energy message. multinational oil companies will own The SPEAKER pro tempore. The Chair The fact is there are some things per most of the alternative technologies. woul.d point out that under the rule, the taining to energy we can agree on. There With a windfall profit tax, we may prev10us question is considered as is a crisis. The crisis revolves around the not be able to stop these trends, but we can slow them down by requiring that ordered. fact that we import 7 to 8 million bar Mr. BAUMAN. This motion is made rels of oil a day. It costs us $1.7 billion 50 percent of the windfall from decon prior to the operation of the previous a week to do it. trol be directed to constructive programs. question, Mr. Speaker. I made the motion Frankly, I have been holding hear I have spoken regularly over the past few weeks on the subject with my con under rule XVI, clause 4, which allows a ings in my district and listening to my motion to postpone to a day certain. constituents and they desperately need stituents and was surprised to learn Mr. Speaker, may I be heard on my some help. The Fisher proposal deals through a written poll, that people be lieve the oil companies-even more than motion? I believe I am entitled to an with that sort of help. It does not do it hour. directly, but it is the only vehicle that Congress, if you can believe that-are re sponsible for the energy situation. Any The SPEAKER pro tempore. The Chair we have that can conceivably help those will read the resolution which makes the people. time someone scores lower than Con gress, we all know how fed up the people resolution in order and it reads at the On Long Island where we pay the conclusion thereof: highest home heating oil prices in the must be. I have heard many Members stand up An d the previous question s.hall be con Nation, somebody held up their oil bill sidered as ordered on said resolution to to me the other day and said, "Congress for the oil companies, and it really irri its final adoption or rejection without inter man, I want to insulate my home." tates me that they always seem to forget vening motion. "Congressman, I want to buy a solar to mention that the oil companies are still going to get 50 percent of the $1 The gentleman is making an interven energy unit, but I cannot afford to do ing motion. that." trillion. That ought to make them feel a little better, especially when you take Mr. BAUMAN. Mr. Speaker, the gentle What I think we need to do is to pro man is not making an intervening mo vide a bold program, the Canadians pro note of the fact that last year, the aver age beleaguered oil company had a 54- tion. We have not concluded considera vided $1.4 billion for 20 million people to tion on debate. The gentleman from New help weatherize and insulate their percent better profit than the year before. This is an average of $1.6 billion per York yielded to me and I have offered a homes. We should provide $14 billion company more than last year, and last privileged motion under rule XVI, clause to help weatherize and insulate people's year's profits were not that bad either, 4, which allows such a motion to be of homes in the United States through if vou will remember. fered when a matter is under considera credits, through insulation. That is the With all of this wea.Ith, and with the tion. The previous question cannot pos way to reduce energy dependence. If we price of gasoline at an all time high, sibly take effect until debate ends. ignore the Fisher approach, we will be some Members still have the gall to stand The SPEAKER pro tempore. Under left with nothing. The only message here and tell us that there is need for this rule, all yielding is for debate only, that we will have for them is, "Go to more incentives to go out and find oil. the Chair will advise the gentleman. the marketplace. Yet higher prices will When have incentives been greater for Mr. BAUMAN. No such reservation dictate your behavior." any industry to research and produce has been made by anyone in yielding I am telling you, there will be a revo anything? and the record will indicate that. lut ~ on before too long, unless we address Last week, while many of my constitu The gentleman is offering a privileged their pressing needs. ents were paving a record $1.44 per gal motion and it is in order at this point. Let me deal with the specifics of the lon for gasoline, they were amused to Would the Chair indulge me on that windfall tax. learn that the Department of Energy's to be heard? Without decontrol, the oil companies latest "econometric simulation" had re The SPEAKER pro tempore. The are making enough money off of your vealed that the price of gasoline may hit Chair will advise the gentleman of the constituents and mine to gold plate their $1.50 by the end of the year. Get us the order of motions in rule XVI: national shrines in Detroit-GM and real figure, they nearly yelled at me this When a question is under debat e, no mo Ford. past weekend. Will it not be more like tion shall be received but to adjourn, to lay But with decontrol, we have guaran $2 or more they asked? on t he t able, for t he previous question teed them the highest profits in the his They are right, and we all know it. (which motions shall be decided without tory of capitalism. How can we go Already price-related lines are beginning debate) , to postpone to a day certain, to home-any of us-without passing a bill to form in California and Florida. Just refer, or to amend. which will help us direct some of this ask yourself while you are voting on this The previous question is preferential, incredible windfall into areas which will conference report what you are going and already has been ordered by House get us off the ho~k as a nation? Why to say to them later this summer when Resolution 604. It has been ordered and are we having such a difficult time here they want to know what you have done is now in effect. helping our people with their most fre to throttle the power of the oil compa Mr. BAUMAN. The Chair just read the quent and daily problem? nies. This vote will become very impor House rule that supports my motion. It A few more years on the gasoline tant to you unless you have struck oil makes my motion in order. habit, and we will have but two choices in your district and have signed the lease I am pleased the Chair has supported eliminate. all but emergency driving, over to your constituents. my motion. May I add that the rule or commit troops to a war over Middle These are not ordinary timetS. This tax making this resolution in order does not East oil. is not the burden it would be on other preclude my motion because the previous Needless to say, neither is acceptable industries. It is a must, and given the question is not considered as ordered and both can be a voided by action now. prospect of repeated n ational emergen until all debate has concluded and it has This windfall profit tax will help us cies if other shortages occur, it is fair not. to clean ourselves from the breast of the enough. If I had my way, it would be POINT OF ORDER oil companies by giving us the money 80 percent of the windfall. We need it we need to build more mass transporta that badly. Mr. BOLLING. Mr. Speaker, can I be tion and develop hydro, coal, gas, solar Mr. CONABLE. Mr. Speaker, I yield 1 heard on a point of order? and wind energy now. in the least infla minute to the gentleman from Maryland Mr. BAUMAN. No point of order has tionary way. (Mr. BAUMAN). been made. 5388 CONGRESSIONAL RECORD-HOUSE March 12, 1980 The SPEAKER pro tempore. The gen wherein again the right to offer a mo of House Resolution 604, which reads tleman makes a point of order? tion to postpone to a day certain is " * * * and the previous question shall Mr. BOLLING. Mr. Speaker, I make a even given precedenoe over a motion to be considered as ordered on said reso point of order that the gentleman is amend, and again the holding that it lution to its final adoption or rejection not in order because the gentleman's must be confined to a debate on whether without intervening motion" renders motion is out of order, as described by or not postponement should be re the ordering of the previous question the Chair in the reading. stricted. applicable from the inception of con The previous question precedes in In all these instances the Chair held sideration of the resolution. Only specif precedence the motion that the gentle that the motion was debatable on the ic debate time and control is made in man made. narrow limits, and that they were, in order. The rule does not by its terms The SPEAKER pro tempore. Does the fact, in order under the circumstances. only order the previous question at the gentleman from Maryland wish to be I submit nothing in House Resolution end of debate. Thus the gentleman's heard on the point of order? 604 prevents, prior to the operation of motion is out of order and the point of Mr. BAUMAN. Yes, I do wish to be the previous question and the end of order appropriate. Therefore, the Chair heard on the point of order, Mr. Speaker. sustains the point of order. The SPEAKER pro tempoire. The gen debate a motion to postpone to a day certain, and that is the motion that I PARLIAMENTARY INQUffiY tleman is recognized for that purpose. have offered. Mr. BAUMAN. Mr. Speaker, the mo Mr. BAUMAN. Mr. Speaker, I have a tion to postpone is delineated in rule Mr. BOLLING. Mr. Speaker, I would parliamentary inquiry. XVI, clause 4. The motions to adjourn, like to be heard on the matter. The SPEAKER pro tempore. The gen lay on the table, for the previous ques The SPEAKER pro tempore. The gen tleman will state his parliamentary tion, postpone to a day certain, refer, tleman is recognized. inquiry. amend and postpone indefinitely take Mr. BOLLING. House Resolution 604 Mr. BAUMAN. Could the Chair precedence in the order named. provided for the consideration and de explain why he has so ruled? The previous question has not been or bate only of the Fisher matter. It, in ef The SPEAKER pro tempore. The dered in this case, nor has it been moved. fect, outlined what could and could not Chair has already explained why by the If it had been ordered, debate could not be done. There were no amendments terms of the resolution itself. Does the continue. Therefore, my motion to post made in order, no motions were made in gentleman wish to use his time for pone to a day certain, that is, the next order. The previous question was made debate purposes? legislative day, is now in order and I have in order as the final act following the Mr. BAUMAN. I have probably used laid it before the House in proper debate. more than my time, but do I still have fashion. I, therefore, submit that in the ab 1 minute remaining? Pursuant to the provisions of rule XI, sence of any positive provision that there The SPEAKER pro tempore. The clause 4(b) the motion to postpone is be motions in order or amendments in gentleman does. not available, I realize, during the con order that the present motion of the The gentleman is recognized for 1 sideration of a special order reported by gentleman from Maryland (Mr. BAU minute. the Committee on Rules, but the rule MAN) is not in order and I insist on Mr. BAUMAN. Mr. Speaker, we have states: my point of order. just listened to almost an hour of debate And pending the consideration the,reof, the Mr. BAUMAN. Mr. Speaker, may I on a resolution, the outcome of which Speaker may entertain one motion that the be heard further? will not in any way affect the outcome House adjourn; but after the result ·is an The SPEAKER pro tempore. The gen of a later vote on this conference report. nounced, the Speaker shall not entertain tleman may be heard. It appeared to me that it would be the any other dilatory motion until the report Mr. BAUMAN. Mr. Speaker, I must best part of logic to postpone final deter shall have been fully disposed of. say that I am mildly surprised that the mination on this resolution until we deal As indicated by rule XVI, the motions distinguished chairman of the Rules with the conference report, so that we to postpone are two in number and dis Committee would make such an argu would know what form the conference tinct; one is to postpone to a day cer ment because, quite frankly, the motion report took, whether a motion to recom tain, which is the motion that I have to postpone indefinitely, as a whole host mit might succeed, whether other terms made, and the other is to postpone in of other parliamentary motions, are of the conference report might be definitely. This motion applies to the always in order unless they are specifi varied. whole proposition before us as the prece cally ruled out in the specific rule gov Instead, by the ruling of the Chair, dents have indicated. erning the matter before the House. In this particular resolution it is quite which I emphatically disagree with and D 1600 true that no amendments are made in I believe the precedents disagree with as I am asking, therefore, that under the order, no 5-minute rule debate is well, we are forced to vote today, now, House rule this motion be entertained. allowed. But there is absolutely no pro before we will decide the fate of the con Toward that end I cite the following hibition against the operation of clause ference report. I would hope that since precedents: 4 of rule XVI which allows a motion to we are left with no alternative that we Hinds Precedents, volume 4, section postpone to a day certain prior to the would defeat the resolution before us. 4765. There is a case of a bill which was end of debate, and this rule to which Mr. FISHER. Mr. Speaker, I yield under consideration in the Committee of the chairman of the Rules Committee 2 minutes to the gentleman from New the Whole and there it was ruled that refers in no way negates or circum York (Mr. OTTINGER) . the bill could not be laid aside except to scribes the right of a Member to off er Mr. OTTINGER. Mr. Speaker, I rise in be reported to the House. In the present appropriate motions. If the Rules Com support of the Fisher-Gephardt resolu case we, of course, are not in the Com mittee had wished to say that, they tion which will put the House on record mittee of the Whole, but the motion is would have said so in the rule, and it as favoring 50 percent of the windfall still in order in the House. does not appear in the rule. So we fall profit tax revenues to go for energy con I would cite further Cannon's Prece back on the general rules and precedents servation and production. dents, volume 8, section 2372 wherein it of the House, and they indicate that I will further support the passage of was ruled that the motion to rise and re any Member may offer this as a privi the conference bill as the best windfall port with the recommendation that con leged motion. It is a blatant contradic profit tax we can get at this time, even sideration be postponed to a date cer tion in terms to say that a provision in though I feel strongly that it is gossly tain is in order in the Committee of the a rule permitting the previous question inadequate. Whole and is preferential. In that case to be considered as ordered is operative The oil industry stands to profit from debate on the motion to postpone until prior to the end of deibate since no our deregulation action, which I vigor a day certain was confined and, as this debate would then be in order. The gen ously opposed, to the extent of a tri~lion motion, would have to be to the advisa tleman from Missouri has just admitted dollars over the next 10 years. The wind bility of postponement, and it does not the previous question is the final act at fall profit tax reported out of confer allow discussion of the merits of the the end of debate. ence takes only $227 billion of that, leav issue. The SPEAKER pro tempore. The ing the oil companies with profits totally I would further cite as precedent Can Chair is prepared to rule. The Chair unrelated to supply and demand, derived non's Precedents, volume 8, section 2615, determines that the specific language primarily from already discovered oil, March 12, 1980 CONGRESSIONAL RECORD-HOUSE 5389 of over three-quarters of a trillion dol the development of other renewable one-half the remainder orf oil company lars. This seems unconscionable. fuels, nuclear fusion, h ydrogen from so windfall profit from oil decontrol to in The oil industry untaxed windfall lar, energy from peat, coal and wood vest in the future of America-in energy benefits seem particularly outrageous gasification and liquification, wind independence and increased economic when you consider that the President power, solar repowering, OTEC and the productivity. This is a formula for Amer and many Members of Gongress are many other technologies that can help ica's future, the existing situation is a pressing for balancing the 1981 budget us be energy independent in the future. formula for our demise. by cutting the heart out of programs Each of these efforts will require sub Mr. CONABLE. Mr. Speaker, I yi 1 ~ld 4 that are essential for the strength and stantial Federal investments if we are minutes to the gentleman from Ill. nois, future of America. A billion dollars is to see them come to rapid fruition. Most the distinguished minority whip tax rate being touted by were general revenue. While not bind Mr. MOORE. Mr. Speaker, will the the administration and the actual tax ing, 60 percent of the money will be gentleman yield? rate of 8.1 percent, and I noted that the targeted for tax reduction, 25 percent Mr. MICHEL. I yield to the gentleman Federal tax structure was arranged in will go to those people strapped by sky from Louisiana. such a way that in all probability billions high prices on heating oil which directly Mr. MOORE. I thank the gentleman of these profits extorted out of the Amer resulted from decontrol. Only 15 percent for yielding. I think it ought to be un ican consumer would end up being used will be used in the fight against OPEC, derstood that this $277 billion tax is to improve oil properties in the OPEC primarily through tax incentives and going to be paid by the consumers. nations. I concluded that decontrol was increased aid to mass transit. Mr. MICHEL. There is no question not desirable; but should it be necessary, The sole purpose of the windfall prof about it. an effective rate of 85 percent should ap its exercise was to assure that the bil Mr. MOORE. On top of that, the con ply with strict controls to assure that all lions taken out of the hides of the Amer sumers are going to pay an increased money generated from decontrol be used ican consumer were used to restore cost of energy by virtue of decontrol. to find and develop new energy recourse stability to energy prir,es, develop new The point is on top of the increased tax here at home. energy sources and eliminate the waste they are going to pay an increased price'. While the President did not recom ful use of energy. The net result is what They are going to pay both. In light of mend specific legislation for disburse can only be described as a revenue meas that, do they want the Government to ment of the windfall profit trux, he stated ure which can be used either to balance spend more money for them or do they that the bulk of the money generated artifically the budget or to fuel infla 'Vant a tax cut? would be used for increased mass tran tion through general tax cuts. This Na Mr. MICHEL. The gentleman makes sit, stepped up energy research and tion needs an energy policy, not new a very good point, and he has very sim development, aid to the poor and hard sources of revenue. Our greatest hope ply summed up what I have been saying. pressed, and other incentives to promote lies in energy conservation and produc We now have the opportunity for one effective energy conservation. Acting on tion, not in election year exercises to more hour of discussion, and I hope that this assumption, the House did a very balanGe the budget or present the tax our Members will have been persuaded credible job of enacting legislation that payers with a sop that will fuel the infla to vote this resolution down. matched the administration's rhetoric, tion they battle from the supermarket Mr. FISHER. I yield such time as he not its original figures. While some of to the gas pump. The American people may consume to the gentleman from New us favored a much higher rate, the bill are very serious about seeing this Gov York (Mr. HANLEY). as finally passed by the House contained ernment move off dead center on energy. an effective tax rate of 50 percent. They are willing to pay a price, but it Mr. HANLEY. Mr. Speaker we will would be a cruel hoax to wrap this bill s~on be voting on whether to a'ccept the The measure was then sent to the Sen windfall profit bill as approved by the ate where the oil companies and their as reported in gossamer and sequins and conferees. It would be wonderful to shout friends on the Senate Finance Com attempt to sell it to the American people "Hurrah. Such a splendid piece of work." mittee proceeded to have a field day. as a victory in the fight for an energy Unfortunately I cannot. It appears that The result was a bona fide piece of spe independent America. On July 11, I out conferees have forgotten the original in cial interest legislation which directed lined in this Chamber a program to fight the bulk of the windfall profits to remain OPEC. Much contained in that message tent of the exercise. Perhaps it would be is still relevant today and sadly most of hel~ful to pa~se for a moment and briefly with the oil companies. The only cred review the history of this legislation. ible action by the Senate in approving the reasonable suggestions and strate We all recall the President's announce this 'bill was to apportion funds for gies outlined are not even being con ment early in 1979 that he would use au specifically targeted energy projects sidered as part of a national energy thority granted to him by Congress in including some $26 billion in individuai policy. My first words on the energy 1973 to. end price controls on domestic and business energy conservation tax shortage and the need for an effective crude 011. He argued that price controls credits. national energy policy were presented were stifling energy exploration and de While both Houses were working their to this body in 1969, and my voice hlls velopment; and he added that by phasing will on this legislation, events in the grown weary from the endless repeti decontrol, we would avoid the inflation world were underscoring the need for a tions of this sentiment since that time. ary consequences of his decision Of strong windfall profit tax and an effec Either we deliver this time, or I fear course, with a wide price disparity be tive national energy program. Once that the trust and cooperation our Gov tween do~~stically controlled and world again OPEC boosted prices across the ernment so desperately needs from our board, and the seizure of the American citizens in this effort may slip through market ?Il, it was anticipated that the oil our fingers. compame~ would reap massive windfall Embassy in Iran led to a suspension of profits. Smee there was no assurance oil shipments from that country. Domes Mr. FISHER. Mr. Speaker, I yield such that these profits would go toward in tically, the oil companies reaped the time as she may consume tQ the gentle creased energy development, the Presi most enormous profits in their history; woman from New York (Ms. FERRARO). dent sought a windfall profit tax as a and heating oil shot up to 95 cents a Ms. FERRARO. Mr. Speaker, I am means of ~edirecting some of this money gallon, thus necessitating an emergency pleased that the House has been given to a massive Federal program to reduce home assistance fuel program. Finally, this opportunity to debate the merits of our dependence upon foreign oil. ~he rate of inflation, led primarily by the various proposed uses of the revenues m~reases in domestic oil, not foreign oil, from the windfall profit tax. At first blush this sounded like a rea prices left the Nation reeling; and it sonabl~ proposal; but regrettably, the As we discuss this resolution, it is im rhetoric was n_ot matched by reality. became perfectly clear that the adminis portant that we remind ourselves how tration's earlier projections of the cost we got to where we are. The chain of Wh~n the President released his long of decontrol were sheer imagination. a:wa1ted windfall profits recommenda events leading to the bill we have before Estimates now put the windfall profits us today began in June 1979, with the twn, what had been touted as a 50-per figures at anywhere from $450 billion ~ent tax rate on windfall profits in real decontrol of domestic oil prices. In an to $1 trillion. It became very clear that nouncing his decision to decontrol do ~ty was an 8.1-percent tax rate recoup an effective use of the windfall profits mg on~y. $7 billion out of the 'expected mestic oil prices, President Carter also $86.2 b1lhon estimated cost of decontrol. tax could be a critical factor in the announced the need for a windfall profit continued success of our economy and tax that would serve two key purposes- March 12, 1980 CONGRESSIONAL RECORD-HdUSE 5391 to prevent the oil companies from reap mately 28.4 gallons of gasoline per per taken. If we want to really turn around ing huge unearned profits, and to provide son per month. New York City's rate is our balance-of-trade deficit, this is an revenues for new programs to help the less than half that, around 12.5 gallons effort that must be taken. If we want American people cope with the effects of per person per month, and is easily the to help grab hold of inflation, we must decontrol. So the conference report on lowest of any city in the country. The do this today. If we do not want to be H.R. 3919 is not an isolated piece of leg simple fact is that if the transportation dictated to in our conduct of foreign islation that we can judge without ref sector nationally were as energy-em. affairs we need to increase the amount erence to a broader picture. cient as New York City's, we could al of windfall revenues devoted to energy I was a vigorous opponent of decontrol. most eliminate our need for imported oil. and transit. But while decontrol is a serious prob Expanded mass transit and develop Our economy and our relations with lem for my constituents, I have been tell ment of synthetics are two of the most other nations is now being adversely af ing them that perhaps there is a silver important ways for the United States to fected by the energy crisis. We are de lining. If higher prices force conserva achieve energy independence. By ap pendent on other nations for the power tion, thereby lessening our dependence proving the Fisher-Gephardt resolution, needed to run this country, but it is not on imported oil, and if the revenues from we can take an important step toward inextricable dependence. We can reverse the windfall profit tax are used to help that goal. the situation. But it will take a firm find alternatives, maybe decontrol can Mr. FISHER. Mr. Speaker, I yield l'h commitment. It is a commitment we be a net plus. The search for alternatives minutes to the gentleman from Califor started to make with oil decontrol, and to high-priced imported oil is particu nia (Mr. ANDERSON). it is a commitment that must be re larly important to my people in New Mr. ANDERSON of California. Mr. newed today by passage of House Reso York's Ninth District because the North Speaker, I rise in support of House Res lution 602. east uses more imported oil than any olution 602, a resolution I have cospon Mr. FISHER. Mr. Speaker, I yield other region. sored that goes beyond the language 1 % minutes to the gentleman from New As originally designed, the windfall contained in the crude oil windfall profit Hampshire (Mr. D'AMOURS). profit tax revenues were going to be tar bill in assuring that the United States Mr. D'AMOURS. Mr. Speaker, I rise geted on three basic areas-development will achieve energy independence. in support of the Fisher-Gephardt reso of synthetics, encouragement of conser We have an obligation to the Ameri lution, and I would urge that all Mem vation, including increased funding of can people to pass this resolution. It is bers who do want to express their de mass transit, and Federal fuel assistance the completion of a bargain that was sire to do something to free ourselves to low-income Americans. These are all made when it was decided to decontrol from OPEC dependence by promoting important initiatives, and the overriding the price of domestic oil. At that time, it alternative energy sources, conserva logic was that we would be using reve was believed that we would then impose tion, and the like, support this resolu nues from the tax on energy for energy a heavy tax on new oil company profits tion. But let us not kid ourselves. Let related purposes. that result from the higher prices they us do it with open eyes. We are not ac But the conference report as it now will receive for oil that had already been complishing much, if anything, by sup stands unravels that logic. By recom discovered. This was needed because oil port of this resolution, and there is some mending that 60 percent of the revenues decontrol was designed to provide an confusion on the floor because of state be used for general tax cuts, we are aiban incentive for the companies to discover ments that have been made by the gen doning our responsibility to use these new sources of oil-with the belief that tleman from Missouri fiscal policy, program. The American people have a would express the sense of the House right to expect that these revenues will that 50 percent of the revenues gener we will be presented with no choice but ated by the windfall profits tax should imposition of a substantial tax increase be devoted to our energy future, not treated as some kind of windfall to the be allocated for energy conservation and or a severe cutback in ongoing programs. production programs, 25 percent for a It is unwise to delude ourselves into be Federal Government. The path the conferees on this bill permanent program of assistance for the lieving that the revenue from this tax low-income energy consumers who will can enable us to accomplish a balanced have embarked upon will weaken con siderably our ability to implement an ef be most severely affected by the increased Federal budget, preserve everyone's cost of energy as a result of decontrol, favorite Federal program, and still pro fective energy program over the next decade. The House, unlike the Senate, and 25 percent for general use. This vide from time to time tax cuts to the resolution would supersede the con American people. has never had the opportunity promised us when we passed the windfall profit ference agreement guidelines which al Over the next decade, our efforts in tax bill to debate and take a position on located 60 percent for personal and busi the energy area must be far reaching disposition of the revenues from the tax. ness tax reductions, 25 percent for low and coordinated if we are going to break Tax cuts may very well have merit income assistance, and 15 percent for our addiction to OPEC oil. The revenues even in this unprecedented in:fiationary energy development. from the windfall profit tax can provide environment. But, that is a separate is Adoption of the Fisher resolution the necessary :financing mechanisms to sue. It should not confuse this crucial would clearly demonstrate that the insure that we have aggressive research energy debate; it should be decided in its House supports a much more a~gressive and development efforts into alternate own time, on its own merits. energy development program than that energy sources and widespread, effective I urge my colleagues now to consider envisioned by the tax conferees. There utilization of conservation and other carefully the ramifications of the ill is no doubt that these vast sums could be readily available energy sources. advised plan being set forth by the well used-President Carter originally As one example of need, just recently conferees on this bill, and to join in this proposed that 85 percent of the tax rev my colleagues, Mr. OTTINGER and Mr. effort to send a message that it is appro enues be used for energy programs, and McCORMACK on the House Science and priate and vitally necessary that these recent congressional analyses indicate ' Technology Committee, have identified revenues be allocated to help secure a that the administration has already sub in the proposed fiscal year 1981 energy promising energy future for this country. mitted energy proposals whose total cost research budget for the Department of • Mr. DRINAN. Mr. Speaker, I rise in could reach $140 to $260 billlon, including Energy some critical areas that demand strong support of House Resolution $70 to $90 billion for conservation pro increase funding this year. Critical areas 602, the resolution of the gentleman grams and $16 to $30 billion for mass of concern in this context include con from Virginia (Mr. FISHER), which would transportation projects. servation, solar, and fusion research and declare the sense of the House that the Decontrol will vastly increase the cost development. In addition, we have a bulk of the revenue from the Crude Oil of energy for all Americans. Thls policy great need in the promising area of bio Windfall Profit Tax Act should be used can only be justified if the tremendous mass energy development for financing to encourage domestic energy conserva profits generated by decontrol are re to move implementation of known tech tion and production. cycled to increase our Nation's energy :iology on its way, and we have pend I remain strongly opposed to the independence. The best way to reduce mg before the Congress legislation to President's dectston to decontrol the our Nation's crippling dependence on s~ur the development of svnthetic fuels, price of domestic crude oil, Mr. Speaker. foreign sources of petroleum would be to wmd energy, and establish a solar and Yet I recognize that the issue today is invest the t:irofits of decontrol in pro conservation bank. how the hundreds of billions of dollars grams whtch will directly encourage This list of possibilities in the energy in unearned revenues, which would energy conservation in all sectors of our March 12, 1980 CONGRESSIONAL RECORD-HOUSE 5393 ;ociety and which will spur the develop McHugh Pa.tterson Steed ANSWERED ''PRESENT''-1 McKinney Pease Stokes :nent of all of our domestic energy Maiguire Perkins Stratton Burton, John ;ources. Markey Petri Studds NOT VOTING-15 Mr. Speaker, I urge the adoption of Marlenee Peysie.r Swift Eiouse Resolution 602 and the subsequent Mathis Prie,yer Synar Anderson, Til. Harsha Myers, Pa. Matsui R.ahlall Traxler Collins, Ill. Jenl'lette Pursell :i.pproval of the windfall profits tax Mattox Reuss Udall Cr1ane, Philip Johnson, Colo. Ratchford ~onference report.• Mavroules Richmond Vento Davis, S.C. Jones, Tenn. Stewart Mikulski Riniaddo Volkmer Erlenborn Murphy, Ill. Waxman 0 1620 Milwta Rodino Walgren Mr. FISHER. I do urge my colleagues Minish Roe Weaver 0 1630 to vote for this resolution. It does not set Mitchell, Md. Rosenthal Weiss The Clerk announced the following Moakley Russo White aside the windfall profit tax at all. It Moffett Sabo Whitliey pairs: simply advises that we use more of that Moorhead, Pa. Scheuer Williams, Mont. On this vote: $227 billion for energy and less for gen Mottl Schroeder Wilson, c. H. Mr. Ratchford for, with Mr. Jones of Murphy, Pa. Seiberling Wilson, Tex. Tennessee against. eral tax reduction. If we want more Nie al Shannon Wirth Mr. Waxman for, with Mr. Philip M. Crane energy and less inflation to come out of Nedzi s~ Wolff this bill we are considering, then do vote Nelson Shelby Wolpe against. Nolan Skelton Wright for this resolution. Nowak Snowe Wyd1er Until further notice: Mr. Speaker, I yield back the balance Oakar Solarz Yates Mr. Myers of Pennsylvania with Mr. of my time. Oberstar Solomon Yatron Pursell. I move the previous question. Obey Spellman Young, Mo. Mr. Jenrette with Mr. Harsha. Ottinger St Germain Zablocki POINT OF ORDER Ra.nett.a. St.ack Zefel'letti Mrs. Collins of Illinois with Mr. Erlenborn. Mr. BAUMAN. A point of order, Mr. Patten Staggers Mr. Stewart with Mr. Anderson of Illinois. Mr. Davis of South Carolina with Mr. Speaker. NAYS-215 Murphy of Illinois. The SPE'AKER pro tempore. The gen Abdnor Giaimo Myers, Ind. tleman will state it. Annunzio Gibbons Natcher Messrs. DE LA GARZA, MADIGAN, Mr. BAUMAN. The motion for the Archer Gingrich Nichols GRISHAM, PRICE, LUJAN, and Ashbrook Goldwat1er O'Brien previous question is not in order. Under Ashley Gonzalez Plalshayan BROWN of Ohio changed their votes the rule, it is considered as ordered. Brudham Goodling Paul from "yea" to "nay." The SPEAKER pro tempore. The gen Bafl8llis Gmdison Pepper Mr. BALDUS, Mr. GUDGER, and Mrs. BarnM"d Gramm Pickle tleman is correct. Bauman Grassley Porter BOUQUARD changed their votes from Pursuant to House Resolution 604, the Beaird, Tunn. Grisham Price "nay" to "yea." previous question is ordered. Bennett Guyier Pritchard So the resolution was rejected. Bereuter Hagedorn Quayle The result of the vote was announced The question is on the resolution. Bowen Hamilton Quillen The question was taken; and the Brademas Hammer- Railsback as above recorded. Speaker pro tempore announced that the Breaux schmidt Rangel A motion to reconsider was laid on the ayes appeared to have it. Brodhead Hance Riegula table. Bl"oomfield Hansen Rhodes Mr. CONABLE. Mr. Speaker, I object Brown, Ohio Harris Ritter to the vote on the ground that a quorum Broyhill High tower Roberts 0 1640 is not present and make the point of Buchanan Hillis Rob.in.son Burgener Hinson Rose LEGISLATIVE PROGRAM order that a quorum is not present. Burton, Phi111p Holt Rostenkowski The SPEAKER pro tempore. Evidently Butler Hopkins Roth (Mr. WRIGHT asked and was given .a quorum is not present. Campbell Hubbalrd Rousselot permission to address the House for 1 The Sergeant at Arms will notify Carney Hutto Roybal Carter Hyde Roy·er minute.) absent Members. ChiaJppell Ireland Rudd Mr. WRIGHT. Mr. Speaker, I take this The vote was taken by electronic de Cheney Jaoobs Runnels time in order to comment about the pro vice, and there were-yeas 201, nays Cliausen J effriles Sia!ntini Clay JOI110S, Okla. Satterflield gram for the remainder of this week and 215, answered "present" 1, not voting Cleveland Kazen Sawyer to make a unanimous-consent request. 15, as follows: Clinger Kelly Schulze We will have only one more vote this Coelho Kemp Sebell us [Roll No. 138) Collins, Tex. Kindness Sensenbrenner evening. We will vote on the rule. YEAS-201 Conable Kogovsek Shumway Mr. Speaker, I will yield to the gentle Oorcoran Kramer Shuster man from Missouri COAL the exercise of our full legislative role in various interest groups as they mobilize First. Oil companies do not presently considering and voting upon this issue. their forces. own a large enough portion of national Mr. Speaker, to address a related sec In observing this possibility I am not coal production to distort the workings tion of this bill, I would like to commend meaning to criticize those who would of the coal market. the conferees for their agreement to ex compete for the Federal tax breaks. I 'Second. The oil company share would tend through 1992 the excise tax exemp only wish to point out that if the re have to increase greatly before there tion for the production of gasohol. This sources for investment are transferred would be a threat to competition. provision will provide an enormous boost from the marketplace to the Govern Third. Even if the share of production to our Nation's prospects toward devel ment bureaucracy, the competition for by oil companies collectively were to in oping alcohol fuels from our abundant those resources also shifts. The only crease dramatically, anticompetitive po renewable resources such as grain and difference is that instead of the con tential would only be great if a few oil timber. Alcohol fuels represent, with the sumer making the choices it will be the companies accounted for most of this proper application of technology and unelected bureaucrats or the Congress. market share. production incentives, another step to I think most consumers would rather Fourth. Holdings of reserves are more ward eventual energy independence have the power of purchase in their own appropriate than production figures for from foreign petroleum sources. pocketbooks. measuring anticompetitive potential. Mr. LOTT. Mr. Speaker, I yield such THE WRONG VICTIM Fifth. While oil companies own a sub time as he may consume to the gentle Why is there a windfall profit tax? stantial portion of all privately held re man from Ohio (Mr. ASHBROOK) . According to the administration the evil serves, approximately half of total U.S. Mr. ASHBROOK. Mr. Speaker, I rise oil companies are unfairly capitalizing on reserves are held by Governments, In to oppose this conference report because oil decontrol and need to be taught a dian nations, et cetera. I oppose the very nature of the bill it lesson. Are they capitalizing on decon Sixth. Careful disposition of these un self. This legislation has been called the trol? The newest figures on crude oil controlled reserves can insure a competi "windfall profit tax" bill. It would be show a .peaking of well head prices. The tive framework for the coal industry. more accurate to rename this bill the February edition of Well Watch stated Seventh. Based upon presently avail "Windfall for Bureaucrats Act" or the that the sustained rise in crude prices able data, there is no reason to ban ab "Energy Shortage Assurance Bill." No would level off. The first crude oil price solutely oil companies from activity in matter how many amendments this bulletin for 1980 affirmed that report by the coal industry. Chamber may add during its final con showing sweet crude from the gulf States OIL SHALE sideration of this legislation the basic that was being offered at $36 a barrel First. The vast portion of U.S. oil shale concept of the bill is still a giant state in December had risen to only $37 a is possessed by the Federal Government ment of "no confidence" for private en barrel and had remained at that price in an uncommitted form. terprise and a firm mandate for the for the past 2 months. Oil Daily reports Second. The disposition of these re status quo in the energy bureaucracy. that this price may fall to remain com serv"es will determine the competitive The American public that wonders how petitive with crude being delivered from form of the shale industry. it will make ends meet and when the gas Nigeria and North Africa. The market Third. There is no reason at this time lines will form again should not be put is therefore working to adjust prices. to ban absolutely oil companies from through the indignity of having a $227.7 If oil prices are moving into line with participation in the oil shale industry. billion windfall taken out of their pur foreign competition and are, in fact Mr. Speaker, if we are serious about chases of fuel just to go into the hands leveling off, why are there such high prof developing alternative sources of energy of the very bureaucrats who got us in its for domestic oil companies? This and are determined to encourage the pri this fix in the first place. "high profits" or "obscene profits" argu vate sector to undertake this task in a The conference report that is before ment is the cornerstone of Mr. Garter's way which can result in energy inde us offers a package of tax credits for move to have a windfall tax. How ob pendence-then it seems to me we must energy development. While this sounds scene are the oil profits? In 1979 Mobil look to those who have the most know like a positive move it is just more of Oil Co.'s rate of return on shareholder how, the greatest expertise, and the max the same type of bureaucratic paper equity was 20.8 percent, a very healthy imum potential for achieving this goal. shuffling that has limited energy de increase. Yet Hilton Hotels realized a We can and should produce the energy velopment in America. The evidence is 31.6-percent return in 1979, while the we need from domestic sources and it is already before us. The summary of the Washington Post scratched out a truly unbelievable that we would deny conference report is 43 pages long, the "meager" 27.9 percent. Television also ourselves this capability because of what actual report is 180 pages long. This is did well in 1979. ABC brought in 24.6 per appears to be political hostility to the just the beginning. Once the IRS and cent on equity and MGM, that produces producers and distributors of oil and gas the Department of Energy are finished the shows which many times criticize big oline. with their implementation of this bill's oil and other big businesses, made a 31 percent return last year. Oil company It has never been our policy in the past provisions the regulations and forms will probably fill this Chamber. Who will pay profit rates may be very high, but when to deny productivity or to impose upon translated into actual money available ourselves a lower standard of living be for the processing of the forms? Who will foot the bill for the extra bureau it is well within the range of other busi cause of opposition to someone else mak ness sectors. ing a profit. Indeed, the single most vital crats to write forms and to review Why, then, are the oil companies being element in our successful economic sys for ms? It will be the same people who singled out for this tax? The main rea tem is the profit motive which encourages will end up paying this windfall for son is the fact that most consumers con-· entrepreneurs, innovators and persons at bureaucrats tax: the American con sumer. tinue to view the oil companies as the all levels of the economic ladder to be cause of high energy costs. It is the local motivated by economic considerations. What about the energy tax credits in filling station that we all pay ever in We should encourage incentives and ini the bill? They offer a smorgasbord of creasing amounts of money to for gaso tiatives which hold the promise of in opportunities for grantsmanship. The line. It is the sign of the oil supplier that. creased earnings resulting in substantial energy pie is divided up, not in relation hangs over these stations, therefore the profits and expanded opportunities for to market conditions or the state of the wi·ath of consumers identifies the com executive, administrative and various art in the various energy fields, but by panies as the culprits. What the con other skilled and unskilled jobs. the political clout those client groups sumer does not see are the mountains of Mr. Speaker, to deny to the House of have on Capitol Hill. Who is to say that regulations that flow out of Washington, Representatives the opportunity to vote the current division of the pie will re D.C. and must be dealt with by the drill specifically on this subject is to deny to main constant throughout the next 10 ers, the refineries, the tank storage firms, this body and to the American people the years of this act's authority? If we have the trucking firms, and the dealers. opportunity to give expression to other a breakthrough in shale oil, will the Every person who must be hired to do fundamental elements in our economic formulas respond? If ocean thermal the accounting or the forms processing system. technology proves a bllnd alley, will the adds to the cost at the pump. Every day tax credit be abolished? If past tax credit wasted in complying to guidelines or in I hope that the rule in the debate on legislation is any guide, we can expect meeting shipping or processing require the windfall profit tax will make possible an annual raid on these funds from ments can drive up the cost at the pump. 5398 CONGRESSIONAL RECORD-HOUSE March 12, 1980 Additional equipment that is thought duction declined to 850 barrels per day outright. Only by allowing the financial to be necessary by OSHA or the EPA when the per barrel price was $3. Now resources provided by decontrol to im must be purchased and the cost is passed the prices have driven production up to pact upon the market and to be plowed onto the final price at the pump. These 2,200 barrels a day and has extended back into development can this Nation hidden costs are not the fault of the oil the life of the field to past the year 2000. develop itself out of the energy bind. companies, but aid in making the oil Why did this happen? It is no secret. If we pass this conference report we are companies look like the culprit when they When a field starts to go dry you need to passing the buck to the bureaucrats and are really the fall guy for big govern spend extra money to redevelop the will take a giant step in cutting off the ment. The windfall bill is a way for the wells. If there is no money available for few escape routes we have from our en bureaucrats to get themselves off the redevelopment the field is abandoned. ergy crisis. This Congress should go on hook and receive a windfall of new money If the price of oil goes up and there is record for energy development, not bu all the while the oil companies take the capital available there is both the in reaucracy development. We should all wrath of the public. It is quite a set-up centive and the means for invest join in voting down this report and let and it looks like Mr. Carter is going to ment. The result is more oil, more jobs, the market, and the energy flow. get away with it. and the promise of adequate domestic Mr. BOLLING. Mr. Speaker, I yield 3 Is big government the sole cause for supplies in the future. This is the bene minutes to the gentleman from Texas energy increases then? Of course not. fit of decontrol, the very benefit being (Mr. HANCE). Inflation has impacted on the costs of hampered by this bill today. Mr. HANCE. Mr. Speaker, I rise in equipment needed in production. It What of our addiction to oil? Will not support of the rule. takes energy to produce energy so as the windfall profit tax help shift re I would also like to rise in support of energy costs go up so does the costs of sources to develop those energy resources the motion to recommit that will be production. As oil reserves are drawn off that will help us "kick" the petroleum made tomorrow morning by the gentle the oil is deeper in the ground, more pip habit? The only way we will "kick" con man from Texas (Mr. ARCHER). The gen ing needs to be used, deeper wells need ventional fuel consumption is if alter tleman's motion to recommit will contain to be drilled. As reserves get drawn down native fuels become competitive. The language in the bill I introduced earlier in a given area, the pressure in the wells front-end costs of development of many which had over 180 sponsors and called that brings the oil to the surface is alternative fuels are currently prohibi for an exemption of independent oil op diffused, resulting in the need for new tive. Yet, if pump prices rise these other erators from the windfall profit tax. wells to be drilled in order to pump water fuels become more alluring. We have A lot of people would ask, "Well, why or air into the reserves to retain the already seen how gasahol has come into should they be exempt?" pressure. vogue as gasoline prices crested over the If we look at the history of the oil and These costs can be staggering. The $1 a gallon level. This will happen to gas industry, the independent oil opera average onshore rig can cost $185,419, other fuels as well, but only if the mar tors over the last 20 years have consist the average offshore well can cost $1,- ket works. Unless we want to saddle the ently drilled between 75 and 90 percent 689,328. The numbers of rigs has gone taxpayer with propping up alternative of the wells that were drilled in the from 1,028 in 1976 in the United States energy sources forever, we need to let United States. to over 2,621 active rigs as of the Hughes the alternatives compete freely and build Also, if we look at the 10 largest oil Rig Report on March 3, 1980. The newer their own markets. Tax credits or other fields in the United States that are pro generation of exploratory wells can cost subsidies may result in an unreal allo ducing today, 7 of those 10 were discov even more. One new deepwater offshore cation of resources for investment from ered by independent oil operators; so I drilling platform installed by Exxon which we may never recover. think it is very important that we give weighs 43,000 tons and will cost close to The figures are already beginning to support to the gentleman from Texas $500 million after 5 years of develop surface as to how the future energy mar ting to pioneer in territory already organizations-from making expendi is not a "use" under section 315 of the Com explored by the Congress and the Federal tures to stage candidate debates. The munication Act would under no circum Communications Commission with the FEC has proclaimed that its proposed stances be considered a contribution by the 1934 Communications Act? broadcaster. regulations balance several competing The Commission should be reluctant in en Mr. VAN DEERLIN. That is true rights. The Commission argues that the forcing these regulations to substitute its at least with regard to broadcasters. The regulations balance the right of candi judgment of the propriety of a particular 1934 Communications Act provides more dates to fair and impartial treatment by debate for the on-the-spot judgment of the than adequate safeguards against the the staging organization, the right of the sponsor. Before the Commission should abuses which these regulations strive to public to access to the views of the candi choose to take any action, it should be clear prevent. on the face of a complaint that the sponsor dates, and the need for a flexible stand ing of a debate involves something other Under the Communications Act, ard to avoid locking debates into a par than the good faith editorial judgment of broadcasters have always been able to ticular format. the sponsor. The mere fact that a debate does sponsor debates. However, the act con Do you believe, Chairman VAN Dua not include the full field of eligible candi tains several safeguards to prevent LIN, that our failure to veto these regu dates should not in itself be reason to believe broadcasters from promoting one can lations will concede statutory authority thait the debate falls outside these regula didate over another. These safeguards to the FEC to fully involve itself in this tions. The Commission should process com include the so-called equal time provi plaints in this area as in all areas under the area? procedures provided for by the statute and sion of section 315, the reasonable ac Mr. VAN DEERLIN. Absolutely not. I Commii>sion regulations. cess provision of section 312(a) (7), and recognize that last year the Senate be With kind regards, the fairness doctrine, as well as gen lieved it necessary to veto the FEC's reg Cordially, eral public trustee obligations to inform ulations. However, the intended ramifi FRANK THOMPSON, Jr. the public. cations of this approval have been made However, news industry concern that abundantly clear to the FEC. I refer once interpretations of FEC regulations more to Chairman THOMPSON'S March 10 HELPTNG THE SOVIETS HELP would be more restrictive than inter letter in which he admonishes FEC THEMSELVES TO AMERICAN pretations of FCC regulations was in Chairman Tiernan to "be reluctant in TECHNOLOGY tensified by the Election Commission's enforcing these regulations to substitute The SPEAKER pro tempore. Under action in the Nashua Telegraph case. its judgment of the propriety of a par a previous order of the House. the gen Consequently, the broadcast industry ticular debate for the on-the-spot judg tleman from Ohio Soviet Union and 1976 through March 1977. people who were saying there was no its satellites to expand their capability 5. Consignee: U.S.S.R. (suspected). evidence. to disrupt the free world. Those in and 6. Method Used to Accomplish Diversion: out of Government who opt for short The export was licensed for end use in South This is a very harsh charge. I do not Africa. The consignee in South Africa mis make it lightly. The document plainly term profits in light of the impact of represented the intended end use of the lays out 16 cases of illegal transfers of technology transfers either refuse to equipment and with the help of a West Ger technology from U.S. conx>rations to confront reality or exercise gross irre man national is believed to have reexported third parties who then sold advanced sponsibility. The covering up of valuable the equipment to the U.S.S.R. technology to the Soviet Union. Had this information such as that contained in this document represents an act of great m Congress had this document, and its 1. Case Number: 21-1(78)-10. supporting documents, before it last dishonor to our Nation's best interests 2. Types of Commodities Involved: year, the Export Administration Act and to the spirit of cooperation that Manufacturer: amendment bill may have been sub must exist within government. I hope my Commodity and current ECON: Epitaxial stantially modified. By covering this colleagues and the American public take reactors, EOCN 1355A. document up, and by not stating the note of these issues and act to remove 3. Third Countries Involved: Federal Re truth before committees of this House those involved from Government public of Germany and Switzerland. service: 4. Approximate Date of Diversion: 1972 or in official communications to its through 1978. Members the Commerce Department The following is a compilation of data re 5. Consignee: Germany Democratic Repub flecting the types of U.S. technology me was able to a void congressional changes lic. to basic legislation. Such lack of candor gally transshipped via third countries to 6. Method Used to Accomplish Diversion: Eastern European destinations during the The initial consignee. in Engla.nd resold the on the part of two Secretaries of Com period from approximately 1974 to date, and merce and a number of Department commodities to a West German firm. The lat the methods used to accomplish the diver ter sold the equipment to a Swiss party sus heads points to grave abridgments in sion: pected of having accomplished the diver the public trust and in the relationship ! sion. between Congress and the Executive. 1. Case Number: 23 ( 77)-3. IV These abridgments are of far greater 2. Types of Commodities Involved: 1. Case Number: 22(79)-1. weight than the acts of illegal tech Manufacturer: 2. Types of Commodities Involved: nology transfer. Commodities and current export control Manufacturer: The coverup of vital information that commodity number (ECCN) : Commodities and current ECCN: has direct bearing on congressional con Model 475 oscilloscopes, ECCN 1584A. Model 1-14010-1 display terminal, ECCN Model 3S2 and 3T2 plug-in units, 1584A. 1565A. sideration of such legislation as the The following equipment, by model num- Model 1-062-4071-1 plot-10/tcs, ECON Export Administration amendments, the bers, is suspected of also having been di 1565A. SALT II treaty, the Defense budget, and verted: Model 1-62-530-02 plot--10, ECCN 1565A. the Commerce Department budget shows Model 7904, ECCN 1501A. Model 4006-1, ECCN 1565A. the outrageous contempt high officials Model 7Al9, ECCN 1501A. Model 611-2 monitor, ECCN 1565A. in this administration have for the sys Model 7Dl4, ECCN 1501A. Model 154--0624--10, ECCN 1565A. tem of checks and balances. This con Model 7A21N, ECCN 1501A. Model R7704, ECCN 1584A. tempt goes to the foundations of our Model 7A26, ECCN 1501A. Model 7 Al9, ECCN 1584A. Model 7844, ECCN 1501A. Model 7A24, ECCN 1584A. system. Now I know what Mr. Carter Model 7623A, ECCN 1501A. Model 1401A-1-3, ECCN 1533A. meant when he stood in this Chamber Model 7015, ECCN 1501A. Model 491 option 25 spectrum analyzer, and declared he wanted a new founda Model 7Al4, ECCN 1501A. ECCN 1533A. tion. The imperial Presidency many of Model 7Al3, ECCN 1501A. Manufacturer: us thought was over has reasserted itself Model 485, ECCN 1501A. Commodity and current ECCN: along with an imperial bureaucracy. Model 7A16A, ECCN 1501A. Model 115171, ECCN 1529A. Model 155-0059-00, ECCN 1564A. Model 11521A, ECCN 1529A. For the benefit of my colleagues I will Model 155-0025-00, ECCN 1564A. Model 11520A, ECCN 1529A. enter the full text of this document into Model 155-0068-00, ECCN 1564A. Model 11519A, ECCN 1529A. the RECORD minus the names of the cor Model 155--0644--00, ECON 1541A. Model 8660A signal generator, ECCN 1529A. porations involved. Section 7 (c) of the Model Sl, ECCN l&lOA. 3. Third Countries Jnvolved: Federal Re- E:cport Administration Act prevents full Model 7'A24, ECON 1510A. public of Germany and Switzerland. 3. Third Countries Involved: Austria. 4. Approximate Date of Diversion: 1972 disclosure. However, the material I am 4. Approximate Date of Diversion: 1974 submitting could have been entered into through 1978. through 1975. 5. Consignee: U.S.S.R. the RECORD when it was requested time 5. Consignee: Mashpriborintorg, U.S.S.R. 6. Method Used to Accomplish Diversion: and time again last spring, and last 6. Method Used to Accomplish Diversion: The U.S. firm is believed to have acted in summer when this body demanded this The Austrian affiliate of the U .S. exporter concert with a West German national by information, but was told no such infor imported the equipment and together with furnishing the controlled commodities do mati~:m e~isted. What my colleagues will another Austrian fl.rm transshipped the com mestically knowing the intended 1llegal find m this document is computers, com modities to the U.S.S.R. disposltion. puter parts, advanced electronic devices !! v and e~en lasers going to the major im ~ 1. Case Number: 22(77)-4. 1. Case Number: 28(74)-1. portat10n organizations of the U.S.S.R. 2. Types of Commodities Involved: 2. Types of Commodities Involved: or its satellites. These importation Manufacturer: Manufacturer: 5410 CONGRESSIONAL RECORD-HOUSE March 12, 1980
Commodit ies and current ECCN: Vacuum chuck, ECCN 1355A. Commodities and Current ECCN: Model RllOO head assemblies, ECCN 1565A. Guarded probe, ECCN 1355A. Model IC-4s 4 track automatic spinner, Model RllOO head sub-assemblies, ECCN Tip replacement Jig, ECCN 1355A. ECCN 1355A. 1565A. CV prober, ECCN 1355A. Model IC- 4D 4 track automatic spinner, Model RllOO data test heads, ECCN 1565A. Three point probe station, ECCN 1355A. ECCN 1355A. Model R2200 head assemblies, ECCN 1565A. 3. Third Country Involved: Malaysia. Model C-lR/ 4-4 track infrared oven, ModeL R2200 test heads, ECCN 1565A. 4. Appropriate Date of Diversion: 1974 ECCN 1355A. 3. Third Country Involved: The United through 1975. Model C-4WS 4 track automatic wafer Kingdom. 5. Consignee: Poland. scrubber, ECCN 1355A. 4. Approximate Date of Diversion : June 6. Method Used to Accomplish Diversion: Model CC-1 wafer cartridge unloader, 1972 through March 1974. In December 1974 and January 1975 a U.S. ECCN 1355A. 5. Consignee : Isotimpex, Bulgaria. firm exported the equipment to Malaysia Model CC- 2 wafer cartridge loader, 6. Method Used to Accomplish Diversion: without the required validated license. The ECCN 1355A. The U.S. firm did not obtain the requisite consignee in Malaysia reexported the equip 3. Third Countries Involved: Canada and validated licenses for shipments to Bulgaria ment to Poland without the requisite U.S. Switzerland. through its United Kingdom subsidiary. authorization. 4. Approximate Date of Diversion: May Many exports were hand carried to the IX 1975. United Kingdom and Bulgaria. One delivery 1. Case Number: 23(79)-1. 5. Consignee: Technopromimport, U.S.S.R. was made to the Bulgarian Embassy in 2. Types of Commodities Involved : 6. Method Used to Accomplish Diversion: London. Manufacturer: The equipment was exported to dummy firms VI Commodities and current ECCN: in Canada and from there reexported to 1. Case Number: 23(76)-10. Model B062113 sampling head, ECCN Switzerland. 2. Types of Commodities Involved : 1584A. XII Manufacturer : Model 60 plug in unit, ECCN 1529A. 1. Case Number: 27(78)-1. Commodity and Current ECCN: Model 1645 Model 151- 1005- 00, ECCN 1545A. 2. Types of Commodities Involved: computers with peripherals, ECCN 1565A. Model 151- 1021- 00, ECCN 1545A. Manufacturer: 3. Third Country Involved: The United Model 152- 0368/ 1023 semiconductors, ECCN Commodities and Current ECCN: Tech Kingdom. 1564A. nical data relating to integrated circuits, 4. Approximat e Date of Diversion: 1975 Model 7A13 plug in unit, ECCN 1584A. Models 8080A, 2316, and 2716, ECCN 1565A. through 1976. Model 156- 0001-00 Microcket dgtl. ECCN 3. Third Country Involved : Austria. 5. Consignee : Telefongyar Enterprise, 1564A. 4. Approximate Date of Diversion : 1976 Budapest, Hungary, and Vnez Technica, Model 156- 0016-00 Microcket dgtl. ECCN through 1978. Moscow, U.S.S.R. 1564A. 5. Consignee: Poland, U.S.S.R., German 6. Method Used to Accomplish Diversion: Model 7D15 plug in unit, ECCN 1529A. Democratic Republic and People's Republic The equipment was exported under a U.S. Model BOOOOOO automated test, ECCN of China (suspected). firm's distribution license to it s subsidiary 1529A. 6. Met hod Used to Accomplish Diversion: in the U.K . The subsidiary sold the equip Model 154- 0662- 10 electronic tube, ECCN Data han d-carried to Austria without req ment to another U .K. firm which incorpo 155-5A. uisite license and diverted from there. rated the U.S. equipment into it s equip Model B 0532532/ 58 plug in unit, ECCN XIII ment and reexported it to Hungary after 152'9A. receiving the appropriate U .K. export author 1. Case Number: 23(78)-2. Model 7A26 plug in unit, ECCN 1584A. 2. Types of Com modi ties Involved: ization. The U .K . firm was under the im Model 672- 0208- 00 circuit assembly, ECCN pression that the U.S. firm's subsidiary was Manufacturer: 1564A. Commodities and Current ECCN: Precision to obtain the reexport authorizat ion from Model B06-3458/B06- 32673 plug in unit s, the U.S. The U .S . firm also exported the laser mirrors, models ILCW 141 and 161, ECCN 1529A. ECCN 1522A. equipment under its distribution license to Model B269- 674 oscilloscope, ECCN 1584A. its subsidiary which exported the equipment 3. Third Countries Involved: Federal Re Model B06385/ B0- 33091 plug in u n it, ECCN public of Germany and Switzerland. to the Soviet Union under demonstration 1529A. license for exhibition there. Another U .K . 4. Approximate Date of Diversion: July Model B270660 oscilloscope, ECCN 1584A. 1976 and February 1977. firm purchased the equipment from the sub 3. Third Countries Involved : Federal Re sidiary at the exhibition, reexhibited the 5. Consignee : U .S .S.R. (Probably the Leb public of Germany, and it is suspected, dev Institute or Physics Institute in Mos equipment in the U .S.S .R. and sold it to the Austria. U.S.S.R. cow). 4. Approximate Date of Diversion : 1978 6. Method Used to Accomplish Diversion : VII through 1979. 1. Case Number: 24(75)-2. The commodities and values were misde 5. Consignee : Elektronorgtechnika, Mos clared, exported to West Germany and Types of Commodities Involved: cow, U .S .S.R. Manufacturer: Switzerland without the requisite licenses, 6. Method Used to Accomplish Diversion: It and diverted from there. Commodity and current ECCN : PH wafer is allegej that a U.S. firm exported the equip alignment systems, ECCN 1355A. ment to firms in West Germany and Austria XIV 3. Third Countries Involved : Canada and and used those companies to divert the 1. Case Number: 23(75)-4. Switzerland. equipment to the U.S.S.R . 2. Types of Commodities Involved : 4. Approximate Date of Diversion: May x Manufacturer: through June 1975. Commodities and Current ECCN : Model 5. Consignee: Technopromimport, U .S .S .R . 1. Case Number: 21- 1(78)-12. 578 beam lead bonders, ECCN 1355A. 6. Method Used to Accomplish Diversion: 2. Types of Commodities Involved: Manufacturer: The equipment was shipped to dummy firms Manufact urer: Commodities and Current ECCN: Model in Canada and reexported to Switzerland. Commodities and current ECCN: Streamer 500 laser, ECCN 1355A. (NB. no validated license is required for such cable, ECCN 1510A magnetic recorder incor Manufacturer: exports for end use in Canada) . porated in a digital field system, DFS 4, Commodities and Current ECCN: VIII ECCN 1572. Model 1975 photo repeater, ECCN 1355A. 1. Case Number: 26(75)-1. 3. Third Country Involved: Norway. Models 2600 and 3000 pattern generators, 2. Types of Commodities Involved: 4. Approximate Date of Diversion: 1974. ECCN 1355A. Manufacturer: 5. Consignee : Przedisiebiorstwo Geofizyki Models 6605 and 3095 photoresist coaters, Commodities and Current ECCN: Gornietwa Naftowego, Poland, and the ECCN 1355A. Diffusion furnace, ECCN 1355A. U.S.S.R. Models 9300 pattern compiler, ECCN 1355A. Scavenger system, ECCN 1355A. 6. Method Used to Accomplish Diversion: Photo plates, ECCN 1355A. Water cooling system, ECCN 1355A. In October 1974 a U.S. firm exported the Manufacturer: Excess temperature system, ECCN 1355A. equipment without the requisite license by Commodities and Current ECCN: S- 50 Step down transformer, ECCN 1355A. placing it on a Polish vessel under charter Graphic display, ECCN 1565A. Storage tubes and support, ECCN 1355A. to a Norweigan company. The equipment 3. Third Countries Involved : Federal Re Laminar flow load station, ECCN 1355A. public of Germany and Switzerland. was transported to Poland and installed on 4. Approximate Date of Diversion: May Cut-outs, ECCN 1355A. a Norwegian vessel. The latter vessel, re Gas manifolds. ECCN 1355A. portedly, was subsequently sold to the 1974 to June 1975. Receptacles, ECCN 1355A. U.S.S.R. 5. Consignee: U.S.S.R. Set of wiring, ECCN 1355A. 6. Method Used to Accomplish Diversion : Source cabins, ECCN 1355A. XI The equipment was exported under validated Photo resist spinner, ECCN 1355A. 1. Case Number: 24(75) - 1. license to the subsidiary of a U .S. firm in Photo resist dispenser, ECCN 1355A. 2. Type of Commodities Involved: West Germany. It was diverted from there, Spin spray developer, ECCN 13E5A. Manufacturer: via Switzerland, to the U.S .S .R. March 12, 1980 CONGRESSIONAL RECORD...._ HOUSE 5411 xv Now, at that time, in the summer and So I am again making a request of the 1. Case Number: 23(77)-1. particularly in the month of August, I Small Business Administration and the 2. Types of Commodities Involved: visited the area affected. What happened President to intervene and make sure Manufacturer: by way of perm'.lnent result is that the that the funds are continued, so that the Commodities and Current ECCN: Model red.fish, for instance, breeding areas only men who scientifically are studying 500 galium arsenide phosphide reactor, ECCN were destroyed. Our stocking or restock 1355A. how to control the flow, how to antici Manufacturer: ing capability has been inadequate to pate the danger that is imminent in a Commodities and Current ECCN: Model even attempt to restore anywhere near few weeks, will be back on the job. 1034X prober, ECCN 1355A. the condition of the redfish. 3. Third Countries Involved: France. Now, redfish is not red snapper. Red 4. Approximate Date of Diversion: 1975. flsh is a very special delicacy and a pecu AMERICAN LEGION CELEBRATES 5. Consignee: U.S.S.R. liar breed and has been identified with 61ST ANNIVERSARY 6. Method Used to Accomplish Di version: the gulf area. That is still a problem. Commodities exported to France under vali The SPEAKER pro tempore. Under a dated license. The French consignee resold The business impact was very adverse, previous order of the House, the gentle the equipment to another French firm which and so it shames me to report to the man from Illinois Sony, room 2226, Rayburn House Office Build Germany may have Volkswagen, but the U.S. ing, the Subcommittee on Crime of the has cigarettes. And, never forget, that "American blended" means "American to House Committee on the Judiciary will bacco." In terms of tobacco, we are number hold its fourth in a series of hearings HORACE R. KORNEGAY ADDRESSES one, and that is the tide that I see spiraling which began last November on H.R. 4973. TOBACCO ASSOCIATES' ANNUAL higher and higher. This bill, sponsored by the Honorable MEETING That is the major factor that leads econ GEORGE MILLER of California, and now omists to project a doubling of worldwide· cosponsored by 55 colleagues of both The SPEAKER pro tempore. Under a cigarettee use by the year 2000. Right now. parties in the House, creates corporate previous order of the House, the gentle world cigarettee production has J'eached the criminal liability for knowing coverups man from North Carolina ecember 1979, on quest of Mr. KRAMER ) and to include Educ01tion, Department of Health, Education, the number of passengers per day on board extraneows matter: ) and Welfare, transmitting proposed final each train operated, and the on-time per regulations for the national direct student formance at the final destination of each Mr. EVANS of the Virgin Islands. train operated, by route and by railroad, pur Mr. RITTER. loan, college work-study, and supplemental educational opportunity grant programs, suant to section 308(a) (2) of the Rail Pas Mr. RAILSBACK. pursuant to section 431(d) (1) of the General senger Service Act of 1970, as amended; to Mr. McKINNEY. Education Provisions Act, as amended; to the the Committee on Interstate and Foreign Mr. FINDLEY. Oommittee on Education and Labor. Commerce. Mr. COLLINS of Texas in two instances. 3763. A letter from the Assistant Secretary 3774. A letter from the Administrator of Mr. MARTIN. of State for Congressional Relations, trans General Services, transmitti_ng a prospectus Mr.DORNAN. mitting a copy of Presidential Determination proposing the acquisition of leased space in which to consolidate the Department of Mrs. SNOWE in two instances. No. 80- 12, finding that the sale of defense Mr. ROTH. Housing and Urban Development in San articles and services to the Government of Francisco, Calif., pursuant to section 7 of the Mrs. HOLT. Somalia will strengthen the security of the Public Buildings Act of 1959, as amended; Mr. SNYDER. United States and promote world peace, pur to the Committee on Public Works and Mr. COURTER. suant to section 3 (a) ( 1) of the Arms Export Transportation. Mr. SYMMS. Control Act; to the Committee on Foreign 3775. A letter from the Administrator of Mr. CAMPBELL in two instances. Affairs. General Services, transmitting a prospectus Mr. KEMP. 3764. A letter from the Assistant Adminis proposing alterations at the Menlo Park, Mr. ABDNOR. trator for Legislative Affairs, Agency for Calif., ·Building No. 1, U.S. Geological Sur Mr. PORTER. International Development, Department of vey, pursuant to section 7 of the Public Mr. GILMAN. State, transmitting a report on the establish Buildings Act of 1959, as amended; t o the ment of the Minority Resources Center Committee on Public Works and Transpor T); Mr. OTTINGER. interest earned in savings institutions from H.J. Res. 511. Joint resolution t;o designa.te H.R. 5464: Mr. SHANNON. the gross income of certain taxpayers; to the the week commencing with the third Mon H.R. 5569: Mr. CONYERS. Committee on Ways and Means. day in February of 1981 as "National Pa H.R. 5987: Mr. TAUKE, Mr. WHITTEN, and By Mr. FINDLEY: triotism Week"; to the Committee on Post Mr. WYATr. H.R. 6794. A blll to provide that each Office and Civil Service. H.R. 6034: Mr. CORMAN, Mr. DELLUMS, Mr. State must establish a. workfare program, By Mr. GONZALEZ: DOWNEY, Mr. FAZIO, Mr. KASTENMEIER, Mr. and require participation therein by all H. Oon. Res. 300. Concurrent resolution MCCLOSKEY, and Mr. OTTINGER. . residents of the State who are receiving to provide for the deslgna.tion of a. week as H.R. 6066: Mr. GILMAN. · benefits or assistance under the AFDC, food "Na,ttonal Recreation and Parks Week"; to H.R. 6070: Mr. DAN DANIEL. stamp, and public housing programs, as a the Committee on Poot Office and Civil condition of the State's eliglb11ity for Fed Service. H.R. 6184: Mr. LAGOMARSINO and Mr. eral assistance in connection with those By Mr. SIMON (for himself, Mrs. FEN GINGRICH. programs; jointly, to the Committees on WICK, Mr. PANETTA, and Mr. DE LA H.R. 6303: Mr. GREEN and Mr. Or'I'INGER. Education and Labor, Ways and Means, Agri GARZA): H.R. 6382: Mr. RoSE, Mr. ENGLISH, Mr. culture, and Banking, Finance and Urban H. Con. Res. 301. Concurrent resolution FITHIAN, Mr. SKELTON, Mr. COLEMAN, ·Mr. Affairs. expressing the sense of the Congress tha.t NOLAN, Mr. BALDUS, Mr. SEBELIUS, Mr. HAGE By Mr. GARCIA: there ls a. need to strengthen course offer DORN, Mr. MARLENEE, and Mr. HARKIN. ings and requirements in foreign language H.R. 6795. A bill to establish within the H.R. 6410: Mr. QUILLEN, Mr. LoNG of Mary Department of Housing and Urban Devel studies and lnternatlonaJ studies ln the Na land, Mr. LEHMAN, Mr. WHITEHURST, Mr. opment a Special Assistant to the Secretary tion's schools, colleges, and universities; to FASCELL, Mr. BEVILL, Mr. HINSON, Mr. STUMP, for Hispanic Programs; to the Committee the Committee on Education and La.bor. Mr. HUGHES, Mr. GLICKMAN, Mr. CLINGER, Mr. on Banking, Finance and Urban Affairs. By Mr. BENNETT (for himself, Mr. PEPPER, Mr. LAFALCE, Mr. EVANS of Georgia, By Mr. HAWKINS (for himself, Mr. SPENCE, Mr. HAMILTON, Mr. HOLLEN Mr. CHARLES WILSON of Texas, Mr. PATTEN, PERKINS, and Mr. JEFFORDS) : BECK, Mr. PREYER, Mr. LIVINGSTON, Mr. DAN DANIEL, Mr. HANSEN, Mr. CAVANAUGH, H.R. 6796. A blll to amend and e~t~n~ Mr. SLACK, Mr, 'fHOMA~~ Mr. FOW,!!E!J. Mr.. GEPHARDT, Mr. ALBOSTA, Mr. EDWARDS ot 5416 CONGRESSIONAL RECORD -HOUSE March 12, 1980 Oklahoma, Mr. MICA, Mr. AKAKA, Mr. COELHO, H . Con. Res. 223: Mr. BEDELL. RAHALL, Mr. McKINNEY, Mr. HEFTEL, Mr. Mr. YATRON, Mr. HAMILTON, Mr. DICKS, Mr. H. Con. Res. 290: Mr. JONES of North Car VENTO, Mr. MONTGOMERY, Mr. SMITH of Iowa, YOUNG of Missouri, Mrs. SCHROEDER, Mr. olina, Mr. DOUGHERTY, Mr. PATTEN, Mr. GREEN, Mr. HOWARD, Mr. DRINAN, Mr. LEH• Mr. NEAL, Mr. 0BERSTAR, Mr. MINETA, Mr. QUAYLE, Mr. LENT, Mr. APPLEGATE, Mr. TAY HANCE, Mr. DOWNEY, Mr. BEDELL, Mr. FAZIO, MAN, Mr. ANDERSON of California, Mr. LONG LOR, Mr. DAVIS of Michigan, Mr.VANDERJAGT, of Maryland, and Mr. ERTEL. Mr. RINALDO, Mr. CORMAN, Mr. PANETTA, Mr. Mr. !CHORD, Mr. CHENEY, Mr. HUGHES, Mr. FITHIAN, Mr. ROSE, and Mr. GREEN. LELAND, Mr. MAVROULES, Mr. ROBERTS, Mr. Mc H.R. 6422: Mr. HANSEN, Mr. BETHUNE, Mr. DONALD, and Mr. MILLER of California. ERDAHL, Mr. LIVINGSTON, Mr. BUTLER, and Ms. PETITIONS, ETC. FERRARO. H. Con. Res. 295; Mr. PRICE, Mr. EVANS of the Virgin Islands, and Mr. WYATT. H.R. 6551: Mr. CONYERS. Under clause 1 of rule XXII, H . Res. 602: Mr. LUNDINE, Mr. FISH, Mr. H.J. Res. 452; Mr. BROOMFIELD. 299. The SPEAKER presented a petition HUGHES, Mr. HANLEY, Mr. NEAL, Mr. DOWNEY, of the City Council, Woonsocket, R.I., rela H.J. Res. 505: Mr. EVANS of Georgia and Mrs. FENWICK, Mr. EDGAR, Mr. LAFALCE, Mr. Mr. SOLOMON. tive to urging a freeze on the cost of home JEFFORDS, Mr. BEDELL, Mr. WHITLEY, Mr. RICH H. Con. Res. 222: Mr. BROWN of Ohio and heating fuel, which was referred to the Mr. BEDELL. MOND, Mr. ROSENTHAL, Mr. ANTHONY, Mr. OT Committee on Interstate and Foreign Com TINGER, Mr. HALL of Ohio, Ms. FERRARO, Mr. merce.