September 12, 1979 EXTENSIONS OF REMARKS 24297 H. Res. 369. July 17, 1979. Allows Members the public reading of this resolution by the senta.tives to the Senate amendments to of the House of Representatives to dispense Speaker of the House of Representatives. H.R.111. with coats a.nd/or ties 1n the House Cham.her H. Res. 379. July 19, 1979. Sets forth the H. Res. 391. July 30, 1979. Expels a speci­ so long as a.ppropria.te clothes a.re worn dur­ rule for the consideration of H.R. 3000. fied Representative from the House of Rep­ ing a. specified period. H. Res. 380. July 19, 1979. Sets forth the resentatives. H. Res. 370. July 17, 1979. Requires Mem­ rule for the consideration of H.R. 3180. H. Res. 392. July 31, 1979. Interior and In­ bers of the House of Representatives to wear H. Res. 381. July 19, 1979. Sets forth the sular Affairs; Interstate and Foreign Com­ proper attire, as determined by the Speaker, rule for the consideration of H.R. 51. merce. Declares that it ls the sense of the while iin the Ha.ll of the House of Representa­ H. Res~ 382. July 19, 1979. Foreign Affairs. House of Representatives that the United tives. Calls upon· the Soviet Union to wa.lve appli­ States should establish a national energy H. Res. 371. July 17, 1979. Fore.ign Affa.lrs. cation of a Soviet dual citizenship law with plan tha.t emphasizes the use of domestic Expresses the sense of the House of Repre­ respect to citizens of the United States and coa.l as a means of displacing current foreign senta.tives tha.t congressional approval is re­ Ea.stern Europe. Declares that the United energy imports, while not viola.ting national quired to terminate a.ny mutual defense States will not participate in the 1980 Sum­ ambient air quality standards. treaty. mer Olympics, if adequate assurances are H. Res. 393. July 31, 1979. Sets forth the rule for the consideration of H.R. 2172. H. Res. 372. July 17, 1979. Foreign Affa.lrs. not received. fro~ the Soviets regarding such waiver. H. Res. 394. July 31, 1979. Agriculture. Re­ Expresses the sense of the House of Repre­ quests the Secretary of Agriculture to estab­ sentatives that the President should convene H. Res. 383. July 23, 1979. Ways and Means: llsh a wheat set-a.side tor the 1980 crop year. a. meeting of the ma.jar grain exporting na­ Agriculture. Expresses the sense of the H. Res. 395. July 31, 1979. Wa.ys and Means. tions to coordinate policies a.nd prices to House of Representatives that the Special Expresses the sense of the House of Repre­ counter the effects of rising oil prices. Representative for Trade Negotiations sentatlves that the Congress should prompt­ H. Res. 373. July 17, 1979. House Adminis­ should seek to persuade the European Eco­ ly enact the President's April 5, 1979, pro­ tra.tion. Allows the parties 1n the ca.se of New nomic Community (EEC) to cease subsidiz­ posal providing for solar energy ta.x credits Mexico vs. Aamodt to have access to speclfled ing wheat exports from member countries. and that such enactment should take effect records of the House of Representatives. Sets forth actions to be taken by the United retroactively to such date. H. Res. 374. July 17, 1979. Rules. Estab­ States 1f the EEC refuses to stop such sub­ H. Res. 396. August 1, 1979. House Admin­ lishes in the House of Representatives a sidies. istration. Authorizes the printing of addi­ Select Committee on Energy. H. Res. 384. July 24, 1979. Sets forth the tional copies of the House of Representatives H. Res. 375. July 18, 1979. Elects specified rule for the consideration of S. 1030. report entitled "Defense Production Act Members of the House of Representatives to H. Res. 385. July 24, 1979. Sets forth the Amendment and Extension." the House Committee on Post Office and Civil rule !or the consideration of H.R. 4167. H. Res. 397. August 2, 1979. House Admin­ Service. H. Res. 386. July 24, 1979. Sets forth the istration. Directs the printing, as a House H. Res. 376. July 18, 1979. Rules. Amends rule !or the consideration of H.R. !79. document, of the report of the official visit the Rules of the House of Representatives to by the Speaker's United States House of Rep­ H. Res. 387. July 24, 1979. Rules. Expresses resentatives delegation to the Union of Soviet provide that compliance with a. subpena is­ the sense of the House of ~epresentatives sued by a House commitee or subcommltee, Socialist Republlcs. that there should be no recess for the Hous~ H. Res . .398. August 2, 1979. Foreign Affairs. in the conduct of any investigations or activ­ during the remainder of the first session of ities and authorized by a majority of the Directs the Secretary of State to provide the the 96th Congress. House of Representatives with information committee, may be enforced by the issuing H. Res. 388. July 25, 1979. Rules. Amends committee or subcommltee. concerning Israeli use of military aircraft the Rules of the House of Representatives of U.S. origin and Israeli compliance with H. Res. 377. July 18, 1979. Judiciary. Refers to establish a standing Committee on Energy· the Arms Export Control Act. to the Chief Commissioner of the Court of to investigate a.nd report on energy policy_, H. Res. 399. August 2, 1979. Science and Claims a blll for the relief of a named com­ regulation, conservation, and research and Technology. Directs the Office of Technol­ pany, for. further proceedings in accordance development. ogy Assessment to initiate, complete, and with applicable law. H. Res. 389. July 26, 1979. Sets forth the report to Congress on a study of patented, H. Res. 378. July 19, 1979. Standards of Of­ rule for the consideration of H.R. 4930. copyrighted, or other consumer energy de­ ficial Conduct. Declares that Representative H. Res. 390. July 27, 1979. Rules. Expresses vices which have not been developed as Charles C. Diggs, Jr. should be censured with the disagreement of the House of Repre- marketable products.

EXTENSIONS OF REMARKS

AN EXPANDING MARKET FOR meet the demand for air travel in these MOVE OVER, BOEING COMMUTER AIRLINES markets. The article also makes it clear (By Richard Cowan) that many firms, including both long­ Wanted: airplanes to carry 15 to 50 pas­ established aircraft manufacturers as sengers. Must be easy to service, also !uel­ HON. JOHN J. LaFALCE well as new entrepreneurs, are pursuing efficlent for short hops. OF NEW YORK this patentially lucrative market. And it Tha.t want ad hasn't yet been printed, but IN THE HOUSE OF REPRESENTATIVES indicates that there may be room for it could be. Those planes are needed now, more as well. and demand will Increase now and over the Wednesday, September 12, 1979 next decade as short-hop commuter air • Mr. LAFALCE. Mr. Speaker, we have The magnitude of the risks involved is travel grows. all experienced the early results of our large, however. Even one firm that seeks "There are definitely airlines without deregulation of the air travel industry, to establish production facilities in enough planes. Ransome Airlines has turned and I think most of us would agree that Youngstown, Ohio, which has secured awa.y 500 reservations some days !or Its the results are generally beneficial. tentative conditional approval from the commuter flight from Philadelphia to Wash­ Economic Development Administration ington," says Alan Stephen, operations di­ In its most recent issue, Forbes maga­ rector of the Commuter Airline Association zine reviewed one aspect of this-the for a loan guarantee, faces very difficult hurdles before that guarantee will take of America. impact of deregulation on "commuter" But what size plane ls needed ls another airlines in the United States. The phrase effect. The Forbes article states that the firm "has a Commerce Department guar­ question. Some pla.nema.kers think the fu­ "commuter" airlines is a bit of a mis­ ture belongs to smaller planes, carrying 19 nomer, of course, as many smaller com­ antee of $30 million in private sector or fewer passengers (with that load no flight munities that have lost some or all of loans, but must raise $12 million more attendant ls needed). "Few commuter Unes their air passenger services-or may lose and sign up 25 orders before the guaran­ gross even $10 mlllion a year. Are you it in the future-rely on these smaller tee takes effect.'' That is quite a tall order going to build a $6 mllllon plane [carrying firms to fill in the gaps left when the for a new industry in a competitive field. 501 for less than $10 million In business? And Because of the importance of this in­ !or many communities, six flights a day [in large jets went away. smaller planesl ls better than one," says The thrust of the Forbes article is that dustry to so many American communi­ Ed Stimpson, president of the General Avia­ there is a growing need for small air­ ties, I am now entering the Forbes arti­ tion Manufacturers Association. Stephen, planes, seating from 9 to 50 people, to cle in the RECORD: however, says there ls substantial demand

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 24298 EXTENSIONS OF REMARKS September 12, 1979 now !or 140 new planes a year, hal! !or the muter Aircraft Corp., off the ground by bulld- per year, to be prorated for the propor­ .popular 19-·passenger birds a.nd half for 1ng a 40- to 50-seat, $2.6 mill1on, four-engine tion of the year spent in hardship areas larger 30- to 50-passenger era.ft. turboprop. He has a commerce Department as a charitable worker.• The planemakers are getting designs and guarantee of $30 mill1on in private sector rushing into production with larger models: loans, but must raise $12 milllon more and Swearingen, a subsidiary of Fairchild In­ sign up 25 orders before the guarantee takes dustries Inc., which dominates the commut­ effect. He hopes to butld the plane in de­ er market with its Metro II $1.3 mlllion, 19- pressed Youngstown, Ohio for the federal THE PROBLEMS AT MARBLE HILL passenger, two-engine turbo-prop, has a subsidies. "This ls a nice business to get 100-plus order backlog. There will be larger Into," he says. "The retum on Investment ts models coming in the mid-1980's, says Rich­ beautiful." · HON. LEE H. HAMILTON ard Robinson, marketing vice president. Of course, even after they get their planes OF INDIANA "We don't have a clear ·picture right now the commuter lines will stlll have a problem IN THE HOUSE OF REPRESENTATIVF.8 whether we will need a 30- or 50-pa.ssenger or two-fuel, for example, and finding plane," he adds. The company's production enough pllots and mechanics. But it's reason­ Wednesday, September 12, 1979 is expected to double by 1982, he adds. able to assume that the commuter carriers • Mr. HAMILTON. Mr. Speaker, I would De Ha villand Aircraft Co., owned by the wm get their share of available fuel, and Canadian government, will double produc­ crews can always be trained. So the zoom like to insert my Washington Report for tion of its $5.5 million, 50-passenger Dash 7 figures to go on for quite a whlle to come.e Wednesday, September 12, 1979, into the next year to four per month. "If you want CONGRESSIONAL RECORD. one, it's two years to get it," says a de THE PROBLEMS AT MARBLE HILL Havilland official. A 30- to 40-passenger Construction problems at the Marble H111 plane now called the Dash X is also under FOREIGN EARNED INCOME ACT OF nuclear reactor site have been very much on construction. 1978 the minds of Ninth District residents. In Beech Aircraft Corp., which has been out public meetings, post office visits, and rou­ of the commuter plane business, ts getting tine aippointments scores of people have back in. Its 15-passenger C-99, which had HON·. JON HINSON asked me about problems at the site. They been discontinued, ls being updated and wm OF MISSISSIPPI have wanted to know how the parties in­ be back in production in 24 to 29 months at volved, mainly the Nuclear Regula.tory Com­ $1 mllllon; a 13-passenger commuter plane IN THE HOUSE OF REPRESENTATIVES mission (NRC) and Public service Indiana wm be appearing in 12 to 15 months, a new Wednesday, September 12, 1979 (PSI), propose to handle the problems. Also, 19-pa.ssenger model in 36 to 42 months for they have been interested to get my latest $1.4 m111ion ("in 1979 dollars," sa.ys the • Mr. HINSON. Mr. Speaker, when the impressions of events. company] ; and studies for a new model Congress passed the Foreign Earned Government knowledge of serious con­ carrying 25 or more are under way. Income Act of 1978 it was widely seen struction problems at Marble H111 ls fairly Piper, a subsldlary o! Ba.ngor Punta Corp., as a needed reform of the Internal Reve­ new. The inspections performed by the NRC has talked to commuter lines about a new nue Code. The broad exclusions of for­ from August of 1977, when construction be­ plane, but doesn't yet admit to any produc­ eign earned income were replaced with gan, to March of this year turned up only a tion plans. However, output of its 9-seat few minor difficulties at the site, but an in­ passenger Navajo, used by business and com­ a schedule of deductions which tailored spection performed during the first week of muter lines, ts belng increased to 375 for taxation and exemptions t.o the needs Aprll ldentlfted honeycombing (air pockets), 1980 from 350. and the actual expenses and activities of improper repairs, and other lrregularttles in Gulf Stream American Corp. ls stretching U.S. citizens working abroad. the concrete work. As the NRC noted in a one o! lts corporate models into a 38-pa.ssen­ All too often, and certainly in this subsequent report to a congressional com­ ger commuter plane. If the business ts there instance, however, broad solutions do mittee, this was the first evidence of a seri­ the company will offer to stretch other used not accommodate certain small special ous breakdown in procedures to assure qual­ models for $1.5 mlllion-provtded. you've got categories. While the 1978 act functions ity in construction at Marble Hlll. The NRC the plane-and then wlll start to produce met with PSI in mid-May to see that the new 38-seaters, says Allen Paulson, Gulf admirably as applied t.o executives and matter wa.s addressed. Stream's chairman. workers who are normally quite pros­ Hoosiers who keep track of Marble H1ll In addition, larger commuter models from perous in their foreign employment, and in the media know that a confusing flurry of !orelgn manufacturers, such as Britain's who qualify through their travels and sworn statements, new inspections, and work Short and Brazil's Embraer Bandeirante, are expenses for the deductions specified by stoppages began about a month later. In being offered here. the 1978 act, a minority of the most mid-June, a workers allegation that there "The competition for the sale of these dedicated, selfless and least well-paid of were widespread defects in construction was planes w111 be fantastic," says WUUam J. followed by a PSI report that defective Sumvan, acting chief of the Federal Aviation these Americans working abroad are not patches of concrete had indeed been found. Admintstratlon's safety regulation staff, appropriately regulated by this act. The NRC initiated an investigation immedi­ which ts drafting rules for the coming gen­ Missionaries and employees of chari­ ately, and during the la.st week in June the eration of larger commuter craft. The Com­ table organizations do not earn large NRC regional director called for a halt to muter Atrllne Association estimates $300 mll­ salaries, make few visits back to the all sa.!ety-related concrete work. Safety-re­ llon in new planes and equipment ts already United States, and rarely face the eco­ la ted pouring of concrete was resumed on on order. nomic considerations which loom so July 7 after a one-week, on-site 1nspect1on, Fueling the demand ts the atrllne deregu­ large in the schedule of deductions, such but new affidavits alleging further shoddy lation effort. The large carriers are a.bandon­ as inflated housing costs in Paris or work continued to surface. PSI and NBC In­ tng or curbing service to less profitable cities. spections of a troublesome series of safety­ Some 130 cttles-such as Bridgeport, Conn., food prices in Japan. Typically these related pourlngs of concrete in mid-July COlumbus, Ohio, Walla Walla, Wash. and persons work in isolated areas, living on prompted the NBC regional director to re­ Bakersfield, Callf.-are losing some or all of the local economy in the style which turn to the site on July 20, at which time he their air service. prevails locally. To replace the broad confirmed that PSI would not allow the "So there ts a larger market for the 40-to exclusion of foreign earned income with placement of concrete for sa.!ety-related 50-passenger aircraft," says Stephen of the a schedule of deductions is to lay a very structures until identified problems were Commuter Airllne Association. Commuter heavy burden on individuals who can corrected and the compa.ny demonstrated airlines also are now eligible for federal loan that its quallty assurance program could be least afford it. These charitable workers implemented effectively. Finally, and a.!ter guarantees and are allowed, under deregula­ of tion, to carry more than 30 passengers, an­ bring the benefits technology and ·yet another inspection, PSI voluntarily sus­ other inducement to buy more and larger science as well as social and spiritual pended all safety-related work (placement of aircraft. inspiration to the unfortunate of the concrete, erection of structural steel, instal­ "I see the posstb111ty of a 30- to 50-passen­ world. They a.re some of our country's lation of pipe and cooling system compo­ ger plane in the next three years for dtfferen.t best representatives in the international nents, and appllcatlon of protective coat­ markets than we are servicing now. We could arena. It is intelligent and compassion­ ings) as of August 7. The NRC confirmed possibly use five to ten big pla.nes," says Gary ate Government policy to minimize their this suspension with its own order eight Adamson, president of Air Midwest. The 250 tax burden. The real benefits far out­ days later, citing deficiencies in PSI's quality or so commuter Unes fly some 1,200 planes, assurance program. even including old DC-3s, but plane& such weigh the inconsequential revenue I have been deeply concerned with the as t_he Piper Navajo and the Swearingen losses. problems at Marble Hlll, both the actual Metro II are more common. For these reasons I am today intro­ flaws in construction and the urur&tlsfactory The potential market could also lure new­ ducing a bill to amend the Internal quality assurance program, &'lnce they were comers. Purdue University Professor Lynn L. Revenue Code to provide an exclusion brought to my attention ln mid-June. The Bo111nger hopes to get his company, Com- from taxation of up to $20,000 in income very day I heard about the 1'lrst worker's September 12, 1979 EXTENSIONS OF REMARKS 24299 allegation I spoke with NRC officials and On March 30, 1979, a 24-year-old em­ ter for 36 years of special service to those requested a. complete investigation and re­ who need special care.• port. I have been in close and constant con­ ployee of a sign company in Wilmington, tac:; with the NRC not only to keep up with N.C., was electrocuted when a cable he devE)lopment, but also to be sure that the was working with touched a high voltage HOW TO BE HEARD BY THE NRC is proceeding dillgently. Among other powerline. FEDERAL BUREAUCRACY things, I have on several occasions urged the Society pays a high price for not pre­ NRC to make all information available to venting job-related deaths and injuries. the public. PSI has also been an object of my These costs include: HON. MIKE LOWRY interest. I have spent countless hours in numerous meetings with PSI officials, and I First, disrupted homes; second, lost in­ OF WASHINGTON h'ave asked hundreds of questions about the come; third, lost productivity; fourth, IN THE HOUSE OF REPRESENTATIVES high turnover in the workforce; fifth, Marble Hill plant, especially about its safety Wednesday, September 12, 1979 features. I have undertaken field work, too, rising costs of workers' compensation; and I have personally toured the site, inter­ and sixth, the list goes on.• O Mr. LOWRY. Mr. Speaker, I would viewing workers, supervisors, and inspectors. like to recommend the following article, Of course, I have examined honeycombing written by Seattle resident David E. Ort­ ln the concrete work. In a.11, I have probably man, to my colleagues and to citizens spoken with dozens of Marble Hill person­ HEAVEN ON EARTH ON EARTH nel since construction began. Face-to-face across the country who are concerned meetings with groups opposed to the plant, tnat our Government work as it is in­ and also with business agents of the trade HON. CARLOS J. MOORHEAD tended to work. This article shows how one's voice can be heard by the Federal unions, have provided me with a. very broad or CALIFORNIA sampling of opinion. bureaucracy: IN THE HOUSE OF REPRESENTATIVES As I have talked with Ninth District resi­ How TO INFLUENCE YOUR BUREAUCRAT dents in recent weeks, I have often staited to Wednesday, September 12, 1979 them my position on the fast-changing situ­ (By David E. Ortman) ation at Marble Hlll. To begin, I support each • Mr. MOORHEAD of California. Mr. Bureaucratic agencies take a. variety of of the work stoppages that has been ordered Speaker, for 36 years John Carpenter forms. Within the federal government some so far. Every congressional investigation of has devoted his time, his efforts, and his are directly accountable to the ·executive the problems at the site will have my full money to the handicapped youngsters of branch, such as the Department of the In­ cooperation and undivided backing. How­ my district and all of Los Angeles. terior (which contains the Bureau of Land ever, I have made no judgment about the Management, National Park Service, and future of Marble Hill. The NRC and other A former movie cowboy and stuntman, Bureau of Reclamation, among others) and groups, including Congress, are currently John is solely responsible for Heaven on Agriculture (which contains the Forest Serv­ taking stock of the situation at the site, and Earth Ranch-free for the handicapped ice and Soll Conservation Service) . Others on the basis of their findings of fact we forever. It was his vision that conceived function independently of both congressional should decide whether PSI may move a.head a rustic western town as a unique ther­ and executive control (the so-called inde­ with construction. In my opinion, neither a apy center for children. pendent regulatory commissions like the resumption of construction nor a permanent It was his determination and tenacity Federal Trade Commission, and the Federal halt to construction can be justified a.ta time that brought the ranch from dream to Communications Commission). Still others when all these groups are stm engaged 1n have been created by Executive Order and their work. Few people regard the present reality. It was John's muscle that built are answerable to the President, though not review as pointless, but it would be pointless the town plank by plank, building by under any cabinet secretary's control · (e.g. 1f we already had enough data in hand to building, and it is John's commitment Environmental Protection Agency, Council make the final decision now. I am not about and labor that keeps Heaven on Earth on Environmental Quality). to draw hasty and ill-informed conclusions on Earth. · By and large these agencies do what Con­ on a.n issue of such importance to Hoosiers. And this one man's creation has been gress or the President tells them to do. FOr I have often called nuclear power an in­ uncommonly successful in providing instance, Congress has passed ~ Clean Alr terim or trans1tional source of energy. By treatment and joy for thousands of dis­ Act, outlining certain goals and policies for this I mean that nuclear power wlll serve us the achievement of cleaner air. The task of for a few more decades before being replaced abled children. This is easily understood setting the proper standards, assessing the with other less riskv sources of energy. I wm when one reads the many letters from technology, and insuring compliance ls support Marble Hill only lf I am convinced grateful parents and teachers and thera­ handed to the Administrator of the Environ­ that construction there will take place ln pists that John has received over the mental Protection Agency (EPA). So it ls accordance with the very highest standards years. ultimately the EPA, not Congress, which de­ of safety. A nuclear plant that cannot be There are many reasons for the success cides how the law is to be Implemented. built and operated safely ls sometMng that of the small western village. For one the As another example the President may de­ Ninth District residents, Indeed the country, atmosphere of the ranch is authentic. It cide that the discount rate for water pi:ojects, should not be forced to accept.e whtch ls the way federal water project is full of the scents of horses and hay. agencies decide the relative worth of a dam, It is an eyeful of cowboy trappings and ls too low. The President may direct the Sec­ western wagons. The textures are of oak retary of the Interior to propose higher dis­ WORKPLACE FATALITIES and earth and sage. count rates which would have a significant Heaven on Earth Ranch is just the op­ effect on water policy planning. posite of what one would no·rmally envi­ These bureaucratic decisions can result in HON. JOSEPH M. GAYDOS sion as the typical center for handi­ healthier air, safer drinking water, cleaner OF PENNSYLVANIA capped children. It has no long corridors, rivers, better solid waste management, con­ servation of natural areas, noise control, IN THE HOUSE OF REPRESENTATIVES no concrete, no polished railings. It is not plastic. transportation reform, and pesticides control Wednesday, September 12, 1979 The ranch also has John Carpenter, or they can result in paper shuffiing. • Mr. GAYDOS. Mr. Speaker, I would who has been wearing cowboy gear so CITIZEN ACTION like to address my colleagues regarding long and so comfortably that it is difficult Bureaucrats can be influenced, a fact more clearly understood in business and industry recent workplace tra~edies which might to see where the man begins and the than among consumer groups. The Senate have been prevented by closer adherence leather ends. He undoubtedly is the prin­ Governmental Affairs Committee, for ex­ to OSHA safety standards. cipal reason for the success of Heaven ample, released a report last year showing On March 20, 1979, 22-year-old Wood­ on Earth. He has and constantly dis­ that business interests consistently spend land, Calif., man was killed and another plays a natural affection for handicapped many times more than consumer groups in injured when the crane boom they were youngsters that most of us could not be­ trying to lnfiuence important federal regula­ operating struck high voltage lines. The gin to emulate. He can pick up a crippled, tions. The Comml·ttee reported that in more death of a young man such as this is drooling child and hoist him into the than half the regulatory proceedings it tragic, but is not an isolated case. This saddle, filled only with affection and studied, there was no publlc participation a.t all, and that when consumer witnesses did type of accident has been the cause of compassion, not repugnance. appear at such proceedings they were com­ countless worker deaths. John and his ranch are much alike. monly outnumbered by industry witnesses For instance, on March 29, 1979, a They are unique, rugged, effective, bene­ 10 to 1 or more. Blacksburg, S.C., man was electrocuted ficial and not easily swayed. This is a In the energy field, a survey by Friends ot while working on a powerline. short but sincere tribute to John Carpen- the Earth of the Nuclear Regulatory Com- 24300 EXTENSIONS OF REMARKS September 12, 1979 misslon revealed that of 19 petltlons for tule­ can be a useful source of infonnation, spe­ Agency and advisory committee meetings mak.lng filed during 1977 only six were sub­ cialized toward the agency's a.ctlvltdes. If · may or may not be public. A Government in mitted by environmental groups. None of your oftlce ls located outside Washington., DC the Sunshine Act, passed in 1976 and, oper­ t :hose filed by environmental groups has yet and outside a regional headquarters city, you ating since March of 1977, set down strict ll1een granted. Over at the Federal Regulatory ma.y be near a Federal Information Center, a limits on which meetings can be closed to Commission six petitions were filed ln fiscal depository for agency documents, studies, the public. A recent Library of Congress year 1977 and two were filed in fiscal year envlronmentaa impact statements, etc., us­ evaluation of the Act disclosed that of 1,003 1978-none by environmental groups. ually housed 'in a pubHc library. meetings listed in the Federal Register be­ The past decade has seen the establlsh­ Wt th your agency directory in hand, call tween March 24 and September 9, 1977, 339 ment of a complex set of agency rules and Washington. (Calll person to person at noon were completely closed to the public and 183 regulations to govern environmental prac­ DC time, when the person you want ls out, were partially closed, although relevant ex­ tices. These environmental regulations are and hope t'hey return your call on their own emptions that would allow such closings increasingly under attack by business and line.) Learn to use the Freedom of Informa­ -were cited in only 193 cases. A close look at industry seeking to take the quickest, cheap­ tion Act (which requires a response by the the exemption claimed for a closed meeting est and shortest path toward their corporate agency within 10 days) to obtain memoranda, may open it up. A proposed closed meeting objectives. But as John R. Quarles, Jr., for­ letters, and other agency material. Under the held recently by the Forest Service in Wash­ mer Deputy Administrator of EPA, stated Freedom of Information Act, all federal agen­ ington, D.C., was opened up when it was "Regulation ls indispensable to achieving otes must ma.ke available almost any record pointed out that the Forest Service had not environmental goals. Regulation ls the ve­ or document properly requested by the pub­ compiled with ·any of the requirements for hicle through which community decisions lic. If a federaJ. agency does not do so, the filing for a closed meeting. are implemented, through which collectlve person requesting t'he information has the THE FEDERAL REGISTER judgment ls made binding on all. In the ab­ right to bring suit in federal court to compel sence of specltlc, enforceable regulations no compliance, The Federal Register prints dally all the one could have assurance that others would Letters to bureaucrats a.re Just as impor­ government's rules. regulations, and pro­ tant as letters to your Representatives and posals, plus listings of public meetings and comply with any type of community deci­ hearings. Last year it ran to more than 60,- sion ... Some form of regulatory control ts should state the basis for the grievance, t'he the only way." lega.1 principle involved, and the proolse rem­ 000 pages, sprinkled liberally with "thou Citizen control and action have resulted in edy the agency should take. Type the letter shalts" and "thou shalt nots" having the the passage of much legislation geared to­ on your organizational letterhead and copy full force of law. Fortunately, one can learn ward environmental protection. Environ­ key people at the bottom of the letter. Send not to be overwhelmed. The Federal Regis­ mental activists are working to see that this your letter to the top, unless you know spe­ ter has gone to some lengths in the past few legislation ls implemented. The success of clfica.lly to whom it should go. Th.at way it years to clean up the gobbledygook and bu­ their efforts, however, depends tn large meas­ wtll trickle down the layers and wtll rea.c'h reaucratese. ure on how well they understand agencies the attention of more bureaucrats. Send a The Office of the Federal Register has spe­ and how they work. copy of t'he letter a.nd a note to your Repre­ cific days for specific agencies to submit According to a recent study of federal reg­ sentative if you don't get a response wtthln material to the Register. If you are tracking ulations: 30 de.ys, and send a copy of your note to the only one agency, you need only keep up with "The ablllty of the general publlc to com­ agency. two or three issues a week. For those of you prehend agency action ls a fundamentally Speclallzed newsletters, which are pub­ who need to monitor the spectrum of envi­ important form of citizen partlclpatlon tn lished on a variety of env1.ronmentaJ subjects, ronmental concerns, learn to use the index the regulatory process. It involves under­ are another source of information. They a.re in front, first scanning for those agencies standing the rules agencies propose or issue, usually very expensive, but offer thorough which are environmentally involved and and the forms and guidelines those rules coverage of ongoing rules, regulations, meet­ then for the specific proposal, rule or regula­ establlsh ... Those who venture into bu­ ings, and so forth (e.g., Air and Water News, tion. This goes quite rapidly a.fter a little reaucratic processes soon discover that $145/yr, Trends PubUshing Co., Detroit, practice. In addition telephone information agency rules at best were wrltten only with Michigan). service ls now available. A recorded sum­ mary of hlghllghted documents appearing lawyers and experts in mind; sometimes PUBLIC HEARINGS AND MEETINGS rules are a mystery even. to well informed in the next day's issue can be obtained by persons. Certainly, the average citizen ls fre­ Publlc hearings are a familiar aspect of dlallng (202) 623-5022 in Washington, D.C., quently left in the dark. At present it ts agency procedure for most environmental and now for the first time in Chicago at difficult, perhaps impossible, for citizens to groups. You should attend publlc be&rtngs (312) 633-0884. Coming soon to a city near understand agency rules and requirements with three purposes in mind: first, to get you. Without expert advice." your views before the agency wtth the hope RULEMAKING AND REGULATIONS of influencing a decision; second, to publlclze Besides announcements of meetings a.nd On that cheery note, we plunge ahead into your v.iews through press coverage Olf the the paper world of the bureaucrat. executive orders, the Register publishes two he&rlng; a.nd third, to butld a base in the other types of notices. INFORMATION hearing record, should future litigation be­ come necessary. Rules and Regulations. This section of the The first rule ls Get to Know Your Agency. Federal Register contains regulatory docu­ The statutory authority for each agency ls Too many times, however, important pub­ ments having general applica.b111ty and legal found in the U.S. Code and citations are llc hearings take pl&ce only tn Washmgton, effect, most of which a.re keyed and codified llsted -- U.S.C. --. Most agencies main­ DC, inaccessible to most members of the pub­ in the Code of Federal Regulations, -­ tain region offices. Obtain a telephone direc­ llc but convenient for the numerous trade associations headquartered there. FOE has C.F.R. --. When publlshd as final rules, tory of personnel of the agency (or regional these have the effect of law. office) and keep it up to date. Nothing ls proposed to t'he executive office that agencies Proposed Rules. This section contains more frustrating than not knowing who to hold regional hearings whenever 100 or more cltd.zens request one, 1f such a hearing has not public notices of the proposed issuance of call or what the number ls. Ask other envl­ rules and regulations. These notices give ronmentallsts for names and numbers of been held within the last year, to fac111tate participation by outside sources. interested people an opportunity to partici­ staff they deal with at the agency. Most pate in the rulemaklng before the adoption agencies have lawyers who Will usually be Generally spe&king, before a hea.rtng, get of the final rule. wllling to give you the agency's legal posi­ your statement and press release to your A proposed rule ls almost impossible to tion on an issue or provide you with other press contacts. During the hearing be brlef­ change once published. Recently, some agen­ legal help. usually no more than five miilll.ltes. Summa.­ cies have begun publishing an advanced See if the agency director will set up a rlze your position and ask that your full notice of proposed rulemaking before pub­ "brown bag" lunch at least once a month statement be entered into the hearing record. llshlng the proposed rule, as a sort of pretrial With your group and other interested orga­ Be prepared With additional material to refer to allow public comments before the agency's nizations to discuss issues of mutual con­ to if questioned; Olften you wm be able to glue has set. cern. Get on their malllng llsts. Agencies wtll get more material entered t'hls way. If the Once you understand the basis for agency shower you with information on what they materiail you need ls not at hand, ask 1f you rulemaklng and follow the Federal Register, are doing 1f you gl ve them your address. can send lt in for the record. try to submit comments on notices of intent Make it a habit to call key agency people at It ls vexing to present your testimony and to develop rules rather than after proposed lee.st once a month just to let them know then have an opponent make some outra­ regulations have been finalized. If you have you are stm around and to catch up on what geous statement which you can no longer any questions, most notices now contain the ls happening. Often they wtll alert you to rebut. Have someone in your organization name and telephone number of the person upcoming actions. Let them know they can sign up near the end and then take notes on responsible for writing the proposed rule or rely on you. Try to get someone to meetings what the opposition says. When called, this regulation. Check with the agency to see 1f it they alert you to. Submit comments on person can then refute errors, distortions or has granted an extension of time for com­ items to which they ask your opinion if possible. ' outright Iles-in short, have the last word. ment by another agency; 1f so, the extension After the hearing, thank your press contacts generally applles to all "commentors." If not, There are other ways of keeping up with if they covered the hearing. Inform your own you can write and try to request an exten­ agencies. Most agencies have llbrarles. This members of the results. sion of time to comment if you feel it ls September 12, 1979 EXTENSIONS OF REMARKS 24301 necessary. Most agencies will include its re­ A common theme heard from the Forest However, when the House votes today sponses to comments when they publish Service is that it must be doing its job when on the defense authorization bill, I in­ their final rules and regulations. both timber companies and environmental­ tend to support Representative ScHROE­ Executive Order 12044 on "Improving ists are mad. This attitude totally ignores DER's amendment to strike the provision Government Regulations" suggests several the question of what ls happening to the resources. The same refrain comes trom the for mandatory registration and in its ways for agencies to increase public partici­ place require the President to report back pation in rulemaking. Suggestions include Bureau of Land Management (BLM); when distribution of issue papers; use of open the grazers, miners, and off-road runners, as to Congress on various options for meet­ conferences; distribution of regulatory anal­ well as the environmentalists, are unhappy ing the manpower neects of our Armed yses to organizations affected by agency with BLM, then the Administrator feels safe. Forces. regulations; direct notification of trade asso­ Again the question of protecting the re­ The Selective Service has stated that ciations, labor unions, and consumer federa­ source often comes second to maintaining with upgraded computer capacity it will tions; meetings between the regulation proj­ one's position within the agency. Bureaucrats, especially those in environ­ be able to meet the Defense Department's ect manager and the public; use of advisory most recent emergency mobilization committees or temporary work groups; an­ mentally sensitive agencies, are heavily lob­ nouncement of proposed regulations in pub­ bied by groups seeking to lessen the force of timetable. Therefore, I believe that insti­ lications such as general circulation news­ environmental requirements. It ls important, tuting mandatory registration of 18- papers, newsletters and trade journals; therefore, the environmental groups develop year-old males when all of the alterna­ greater consultation with state and local a constituency that is able not only to coun­ tives have not been sufficiently studied, government personnel; and regional public ter this pressure, but can also strengthen would be a mistake. hearings. the environmental decision-making process. Of all the options recommended by the ADVISORY COMMITTEES Encouraging, supporting and protecting "whistle blowers" (bureaucrats who go pub­ Schroeder amendment, I personally favor Most federal agencies have advisory com­ lic with agency mistakes and blunders rather the option of establishing a national mittees of one sort or another. It ls impor­ than cover up) is important. youth service program of mandatory tant for you to know who sits on them, how A bureaucrat is in the end carrying out military or civilian service. The Public they get there, whether they serve full- or someone else's policies according to a set Service System Act Mr. COELHO. Mr. Speaker, the Presi­ mental Polley Act to the Departments of base. dent and Congress in a joint resolution the Army and the Interior and the Council "This ls the 'Catch 22' of environmental Public Law 95-349, declared July 18, 1979, on Environmental Quality, for the issuance programs. The government must prove a. of regulations to mitigate losses of fish and pollutant is harmful, yet it ls given inade­ as National POW/MIA Recognition Day wildlife to water resources projects. Agency quate funds and personnel to do so." and asked a grateful Nation to express discussions are stlll going on. To lnfiuence your bureaucrat you have to its gratitude with appropriate ceremonies BUREAUCRATS understand the factors involved, the agency, and activities honoring these brave men and women. The bure1aucrats exist in a system which the rules, the limitations, the access, and purports to offer to society efllclent, uni­ pressure points. The bureaucrat does not An outstanding event was coordinated form, and rational service. In reality the bu­ run for reelection and has no need for cam­ by the Veterans' Administration Medical reaucrat has no easy job. He ls faced with paign contributions. If you are to be success­ Center, Fresno, and the Veterans Em­ pressure from within as well as from with­ ful, in the final analysis you must gain ployment Service, U.S. Department of out--admlnlstrators who attempt to stifie their trust. It goes a long way.e Labor, but the entire community, in­ dissent, incompetent staff, budget cuts, cluding members of the military services, threats of congressional investigation and veterans service organizations, the more. Furthermore, Congress rarely passes specific laws when vague laws will do. A bu­ ALTERNATIVES TO MILITARY chamber of commerce, businessmen and reaucrat faced with a mandate to regulate CONSCRIPI'ION women, politicians and the news media the national forests in the "public interest" actively participated in the ceremony, wlll, in the absence of clear congressional held on the front lawn of the Veterans' language, bend with whatever wind happens HON. JERRY M. PATTERSON Administration Medical Center. to be blowing at the time. OF CALIFORNIA The President's proclamation was read Bureaucrats for the most part are not al­ IN THE HOUSE OF REPRESENTATIVES by former U.S. Ambassador Philip San­ lowed to consider what they want to do, or chez, and the featured speaker was Cal­ what they think should be done. Their func­ Wednesday, September 12, 1979 tion ls to insure that existing rules are ap­ ifornia f uperior Court Judge Frank plied as methodically as possible. However, e Mr. PATI'ERSON. Mr. Speaker, it has Creede, a former POW himself. since no two cases. are ever alike, the bureau­ long been a personal belief of mine that The highlight of the ceremony was the crat is continually faced with exceptions and each American has an obligation to serve planting of a sequoia redwood tree by reasons why Industry A cannot meet its our country in some capacity, such as Steven L. Bragman, assistant director of compliance schedule or Plant B should not military service, Government service, or the Veterans Employment Service and be forced to pretreat. social service. a disabled veteran. He was assisted by 24302 EXTENSIONS OF REMARKS September 12, 1979 all former POW's and MIA's in attend­ top. He got the year, he ls having the sea­ word with a slightly criminal connotation. I ance. The tree will serve as a living me­ son he longed for, and he ls going out where would prefer-with great respect, Mr. Wal­ morial to the memory of the POW's and he wanted to be. That's class and th.at, more lace-to use the word "secret understand­ than the 3,000-plus hits and the 900-plus ing". MIA's from the Fresno, Calif., area. stolen bases, ls what makes Lou Brock w ALLACE. A congressman whose polltlcal I am particularly proud of the people spectal.e career fell victim to a campaign of dirty of Fresno who took time from their daily tricks. routine and problems to honor these men HAMILTON FisH (former Congressman). and women who have given so much to TARGET: U.S.A. Those warmongers, pro-war mongers-that's their country.• what they were-trying to get us into war. WALLACE. And a secret agent with the code HON. ROBERT H. MICHEL name "Intrepid". OF ILLINOIS Sm WILLIAM STEPHENSON. Yes. This was all before Pee.rl Harbor, of course. LOU BROCK-A BASEBALL LEGEND IN THE HOUSE OF REPRESENTATIVFB WALLACE. He was a soldier ln a business Wednesday, September 12, 1979 suit, and his target was America. our story begins in a most unlikely place, HON. WILLIAM (BILL) CLAY e Mr. MICHEL. Mr. Speaker, CBS News Rockefeller Center in midtown New York. OF MISSOURI recently presented one of the most Every day thousa.nds of people come here to IN THE HOUSE OF REPRESENTATIVES shocking and historically important tele­ be entertained, to do business, or just to see vision programs ever presented to the the sights. It's one of the most public places Wednesday, September 12, 1979 in America; yet it was once the scene of American public. I refer to "Target: secret operations involving the security or • Mr. CLAY. Mr. Speaker, the city of U.S.A.," the first-and I hope not the St. Louis and the St. Louis Cardinals are the United States. This was headquarters last-presentation of a new CBS program for a massive network of foreign spies. Not proud to boast of having one of the finest entitled "Inside Yesterday." Russians, not Nazis or Japanese; they were baseball players in Major League history. Briefly, the program told the story of our friends the British. If that seems in­ On August 13, 1979, Louis Clark Brock an American President's cooperation credible now, you have to remember what became a bona fide legend when he with agents of a foreign power. These a different world it was back then, early in brought his hitting record to 3,000 hits. agents, according to documents now in World Wa.r II. Lou Brock has the highest respect and It was 1940 a.nd Britain was stlll the admiration of Americans from all walks Government archives and also according world's la.rgest empire, but that empire was of life: old and young; rich and poor; to one surviving actor in this drama of on the ropes, its army driven off the conti­ international espionage, did everything nent of Europe as Adolf Hitler's a.nnies ad­ athletes and spectators. He is truly a they could to hinder, smear, and play vanced. champion in his field and a symbol of dirty tricks on American citizens. Britain was shuddering under the first talent, dedication, and achievement. St. As a CBS news correspondent said shock or the Nazi a.Ir raids. A German in­ Louisans are proud to hail their superstar during the program: vasion seemed sure to follow. and I am honored to share with my col­ And the British people under thelr new leagues in the U.S. Congress, the follow­ If this story had surfaced ... (the Presi­ Prime Minister, Winston Churchlll, were ing editorial on Mr. Brock, "Going Out dent) could conceivably be impeached. facing their trials alone, for their European on Top," which appeared in the Wash­ The foreign power was Great Britain. allies were gone. And across the Atlantic was a country standing aloof-safe, neutral ington Post on August 15, 1979: The President was Franklin D. Roosevelt. America. GOING OUT ON TOP I wish to point out that what follows is President FRANKLIN D. ROOSEVELT. We wlll Louis Clark Brock got two singles in a the verbal transcript of the program. not participate in foreign wars, and we will baseball game in St. Louis Monday night. Needless to say, the full impact is gained not send our army, naval or air forces to There ls nothing unusual a.bout that-he has only by combining the visual with the fight in foreign lands outside of the Amer­ been doing it for yea.rs. But these were hits verbal elements. But, allowing for the icas, except in case of attack. (Cheers ... ap­ No. 2,999 and 3,000 of his major league ca­ lack of visual elements which often serve plause) reer. That, as e·very sports fan knows, puts WALLACE. Neutrality wasn't just the law of Mr. Brock in one of baseball's special cate­ as transitional material, the words alone the land; it was the wlll of the American gories. As important as those 3,000 hits are tell quite a story. "Hyde," referred to in people. Though many were sympathetic to to the keepers of records, however, they a.re the text, is a former member of the Brit­ Britain, the Gallup poll showed that eight not what makes Mr. Brock special. There a.re ish intelligence group. out of ten Americans did not want thelr other things. At this time, I wish to insert in the country to get involved. One of them ls that Lou Brock and a tiny RECORD, the transcript of "Target: That was Amerlca in 1940 when a. man handful of other players restored to baseball U.S.A." as shown on the CBS television arrived here on a secret mlssion for Win­ in the 1960s something it seems to have lost. ston Churchlll, made contact with the White Unlike the strong me11r whose bats propel network, TUesday, August 21, 1979. House and the FBI, and opened an oftl.ce in balls over shortened fences, he was a play&r TARGET: U.S.A. New York in the brand new skyscraper com­ whose success depended upon speed, sklll (With CBS News Correspondent Mike plex Rockefeller Center. In this building in and finesse. He was a. terror on the base paths Wallace) the midst of ad agencies, travel agencies and and reminded fans there ls as much joy (and MIKE WALLACE. I'm Mike Wallace. Usually export firms, that Brltlsh agent went lnto a.ngulsh) in stealing a. base as there ls in hit­ the spy, propaganda and dirty tricks busi­ ting a home run. my beat ls what ls happening today. But sometimes there are inside stories left un­ ness behlnd doors that now lronlcally carry The other thing a.bout Mr. Brock ls this: the name of a German bank with Ameri­ When he got those two hits the other night, reported from yesterday, even from years a.go. Recently we ca.me across one such, all but can employees. he was almost two months beyond his 40th MAN (bank employee). Hello, Deutsche birthday. Some of us find that one of base­ burled in a book a.bout World War II. What ls involved ls nothlng less than an earlier Bank in New York calling. Spot dollar mark, ball's more gratifying statistics. Folklore has please. it that men of his age a.re, as they say, over version of Watergate, a conspiracy involving the White House to violate the laws of the WALLACE. The year before Pearl Harbor, the the hill. But this year, Mr. Brock at age 40 specialists in these oftlces were the money has been tea.ring up the league, hitting more United States. But what ls equally astonish­ ing ls that when we set out to trace the facts, dealers who are working here now. They were frequently than ever before and outplaying code-breakers and safecrackers, experts in men 10 a.nd 15 years his junior. we found the cover-up stlll going on more than three decades later. propaganda. and dirty trlcks. A few were It ls the last year he wm do so. He a.n­ old pros recruited from the upper ranks of nou~ed last winter, and has stuck with it For the stakes in this Watergate were not British lntemgence, but most were re­ ever since, that this summe·r wlll be his last just political power, but war and peace, a.nd cruited from business and professional life on the playing fields. That announcement, if the reputations of some of the greatest heroes ln Britain and Canada. They worked for the the reports from St. Louis a.re correct, of our age : the 31st President of the United outfit that called ltself BSC-Britlsh Secu­ brought grimaces from those who pay his States, Franklin Roosevelt; J. Edgar Hoover, rity Coordination, headed by the man with salary. He has had a disastrous season in the Director of the FBI; the Prime Minister the core name "Intrepid." 1978 and they wanted him to quit. No ma.n, of Great Britain, Winston Churchlll. All Who was "Intrepid"? He was Wllllam Ste­ the pundits sa.id, could come back at 40 from those men a.re now dead, but the story also phenson, a Canadian mlllionaire, a patrlot of so bad a performance and play well in a sport involves some people you may never have the British Empire. Hls mission here was demanding such good eyes and quick reflexes. heard of who are still alive today. But Lou Brock satd he didn't want to go to save Britain by turning neutral America A British lntelllgence expert who ran into a partner at war. out as a fiop. One more year, even ait 40, and plumbers units in New York: perhaps, just perhaps, :Oe could go out on WALLACE. George, what do we know for H. MONTGOMERY HYDE. Conspiracy ls-ls a sure a.bout thls BSC operation? September 12, 1979 EXTENSIONS OF REMARKS 24303 GEORGE CaILE. Here in New York LETTENY. Generally, I think, it was a little LAOISLAS FARAGO. The actual mission of WALLACE. Assignment: to uncover the un­ bit difficult to get cooperation at a higher Stephenson in the United States was to do dercover operations of British intelligence level. It-I know that it took the interven­ everything in his power, overt and covert, to in New York. When reporter George Crile tion of President Roosevelt on one or two eliminate from the American scene every­ and I began, we found that even their own occasions for the assistance one needed to body who was opposed to the American entry documents seemed to raise as many ques­ be given. into the Second World War. tions as they answered. CRILE. For example? WALLACE. Ladislas Farago, intelligence his­ CRILE. The most important thing at the LETTENY. No comment. torian, and himself a former American a.gent. moment that we know is simply the size of CRILE. Too sensitive? FARAGO. Now, some of these people were this operaiton. There were 300 British agents LETTENY. Yeah. Nazi agents, but many people were very de­ operating here in New York out of Rocke­ CRILE. But you're quite sure that this went cent Americans. feller Center. Now, that's bigger in terms of as high as the President? CRILE. But what kinds of things were they numbers than any CIA station operating to­ LETTENY. Absolutely positive. doing against Americans? day in the world. WALLACE . Working with the FBI, the Brit­ FARAGO. Well, they did the kind of thingf WALLACE. These 300 agents dedicated to ish exposed Nazi agents in America, feeding that every secret service do-trying to find doing what? evidence to the press, the courts, the State dirt on them. CRILE. Officially, they're here to protect Department. The information came from CRILE. But you're saying that, as a-a pat­ British shipping, to counter the activities "Intrepid's" network of spies, who not only tern of behavior, that they were performing of Nazi spies. intercepted mail, but also tapped phones and character assassinations of-of America.ns­ WALLACE. Unofficially? cracked safes. And sometimes they forged FARAGo. On the higest echelon. CRILE. The real reason is they're here to evidence. CRILE. -as a matter of course.. get us into the war. Let-let me just read The fact is, Mr. Montgomery Hyde, that FARAGO. As a matter of course. As a matter the British, on American territory, broke law you a quote from their own-their own doc­ of policy, as a matter of strategy, and as & uments. We have obtained the only copy. after law, opened all kinds of mall, were in­ matter of tactics. The head of BSC summons his agents to volved in covert propaganda warfare, cer­ WALLACE. Where do you go to find out Rockefeller Center, and he tells them we tainly. HYDE. Yes. how British spied on anti-war Americans? are going to-quote-"declare a covert war The FBI, which worked with the British but against the mass of American groups organ­ WALLACE. In London, we looked up Nadya also kept tabs on them, the records of the izing throughout the country to oppose en­ Letteny's former boss, H . Montgomery Hyde, FBI have hundreds of pages on William try into the European war." distinguished barrister and historian. As one Stephenson, who ran the BSC operation­ WALLACE . In other words, they're going to of "Intrepid's" top agents, he was the author "Intrepid". But by law, those files on private take on anybody in the United States who's of a forged document that purported to show citizens still living are kept strictly confi­ against the war. a Nazi threat to this country by way of Latin dential. We couldn't gl'lt at them without CRILE. Well, that seems to be what the America. Stephenson's permission. Cablegram to Sir story is. But what we have to find out is HYDE. We sent copies of this document to William Stephenson, Paget, Bermuda. A re­ how far they went and how much coopera­ President Roosevelt, and President Roose­ quest for the full long-buried story from tion they got from the American govern­ velt actually announced-he said, "This is him, if not from the FBI files. No response. ment. the sort of thing that's going on in Latin Not only that, but a couple of his "old boys" WALLACE. We could get no answers to these America." H'.e actually announced it in a who had finally a.greed to be interviewed questions from the man in charge. "Intrep­ radio broadcast. He said, "I've seen a photo­ suddenly backed out. id" himself. Sir W111iam Stephenson is in copy of a most astonishing document." The inside story of Britain's war against his eighties now, retired and living in WALLACE. And he knew all along that it the anti-war movement in America rema'lned Bermuda. was nothing in the world but a dirty trick? a secret until we could piece together some Sm WILLIAM STEPHENSON. And I was in HYDE. Well, I don't think that ,the Presi­ scattered documents we found, a.long with charge of all the security forces that existed dent thought it was genuine. the recollections of a few witnesses, and the in all-all of ... WALLACE. Well, what you are talking about, result had a curiously familiar ring--dirty WALLACE. He was filmed there for Cana­ Mr. Montgomery Hyde, though, is a conspir­ tricks and cover-ups and schemes that mis­ dian television a few years back, but he de­ acy between the BSC and some of the high· fired or even backfired. "Intrepid's" form,er clined an interview with us, citing poor est officials of the United States govern­ associate, H. Montgomery Hyde. ' health. Nonetheless, 30-odd years after his ment- HYDE. It was a-it was a propaganda. ex­ work here, he is stm in contact with his HYDE. Yes. ercise, and what BSC had to do was to coun­ "Old .Boy" network of former agents. We WALLACE. -to violate this country's laws. ter the isolationist propaganda, the Ameri­ tracked down 15 of them: a well-known ad HYDE. Yes. Conspiracy is a-is a word with can First propaganda-- man, an international PR consultant, sev­ a slightly criminal connotation. I would pre­ WALLACE. Uh-hmm. eral authors, retired government people. fer-with great respect Mr. Wallace-to use HYDE. -and, if you like, pro-German Some wouldn't talk to us at all; others the word "secret understanding." propaganda. and the isolationist propaganda.. wouldn't talk for the record. WALLACE. The fact of the matter ls that WALLACE. So, you had to discredit the The 16th name on our list was Nadya Let­ they were breaking U.S. law. isolationists? teny, now an executive with a New York HYDE. Unquestionably. HYDE. Yes, and that was done slowly. There cosmetics firm. Back in 1940 she was a Brit­ WALLACE. Go back to the record and you'll were one or two pretty tough characters, like ish subject stationed in Bermuda, a refuel­ find that all through 1941 America was edg­ Senator Burton K. Wheeler, I remember. ing stop on the air route of the Pan Ameri­ ing closer to intervention, closer to Britain. WALLACE. Yes. can Clippers. As things got tougher for the British, Presi­ HYDE. And there was a man called Hamll­ NADYA LETTENY. At that time all transat­ dent Roosevelt started bending neutrality in ton Fish. He was a congressman for-­ lantic malls went by Clipper, and Bermuda their favor. A military aid program, Lend­ WALLA CE. He was a congressman from was one of the stopping points. So, when Lease, was steered through a reluctant Con­ Franklin Roosevelt's district. the first Clippers came through, we had to gress. Shipments were convoyed into the HYDE. He was a very, very powerfu! isola­ take off the malls at gunpoint. war zone by ships of the American fleet. And tionist, but we completely discredited him. CRILE. British agents went with guns and with every step toward intervention, the op­ WALLACE. Congressman Hamilton Fish, held up the plane? position bristled-a few because they were publicly labeled pro-Nazi. LETTENY. The British soldiers stood by outright pro-German; some were anti-Brit­ FISH. They called us all names. I had no with guns while the malls were taken off. ish; but most were simply against the war. use for the Nazis. I'd fought against the CRILE. And they brought American mall They ranged from New Deal Democrats to Nazis. And-but that isn't it. I-I believed in to you and your colleagues? conservative Republicans. Their leading or­ the-the old policy of American neutrality, and that was what the American people LETTENY. Yes, and it was scrutinized whlle ganization was America First, and their lead­ the ... ing spokesman was an all-American hero, stood for and wha. t the Congress stood for. WALLACE. Things soon got much friendlier. WALLACE. Fish soon lost his congressional aviator Charles Lindbergh. seat. A member of his staff actually had d·is­ By the time Nadya Letteny was assigned to CHARLES LINDBERGH. I have been forced to British headquarters in New York some tributed pro-German propaganda, but Ham the conclusion that we cannot win this war Fish insists that he himself was an innocent months later, the BSC had a working rela­ for England, regardless of how much assist­ tionship with J. Edgar Hoover and the FBI. victim of British smears. ance we send. I believe this is realized even FisH. I introduced a resolution to outlaw LETTENY. The FBI would collect certain by the British government. But they have the Bundes, the Nazis and the fascists all groups of letters from groups that they were one last desperate plan remaining. They hope from arming, parading, marching and uni­ interested in that they held under sur­ that they may be able to persuade us to. send forming, carrying arms. And we held a mas­ ve1llance, and bring them to us and we another American expeditionary force to sive meeting up there, and I presided. would read the contents. Europe. And Fritz Kuhn, the Bundist leader, came CRILE. What other kinds of cooperation WALLACE. The anti-war movement, 1941. up there to oppose my resolution. They took did you have with the Federal Bureau of They were Britain's enemies, and Roosevelt's a picture of Fritz Kuhn, speaking to me, and Investigation? enemies, and they were "Intrepids" targets. they sent out a hundred thousand copies: CXXV--1529-Part 18 24304 EXTENSIONS OF REMARKS September 12, 1979 "Fritz Kuhn, Bundes Leader, Affiliated With and I charged them with that. I said, "You they had in this country, and their protector, Congressman Fish". That's enough to make must be out of your mind to tap him." They Franklin Roosevelt, could conceivably have the angels weep. said, "We didn't." And I had-be-because been impeached. As it turned out, the lid was WALLACE. Another name on the enemies they regarded Berle--and correctly-as run­ kept on, and "Intrepid", William Stephenson, list, publisher William RJandolph Hearst, ning the affair, the whole State Department, and his BSC stayed on here, helping to launch whose papers were anti-war. Stephenson­ and when I got through saying, "Adolph, an American secret intelligence service on the "Intrepid"-had a scheme to change the you're absolutely wrong on this. I tell you British model, for the BSC were the god­ Hearst line or shut him down by buying up that I have the word of English gentlemen,'' fathers, so to speak, of the OSS, which of $10-million in notes the Hearst company he said, "How interesting. Would you like to course became the CIA. owed, but London wouldn't advance the hear a replay?" Of course he had a~ome­ Mike Wallace for CBS News.e funds. body was tapping the British while they CHARLES LINDBERGH. The British spread ru­ were tapping him. mors that his kidnapped baby was still alive WALLACE. In other words, the British, not TRIBUTE TO BISHOP LYKE in a Nazi training school. And when Lind­ satisfied to scare the country toward war, bergh addressed a big anti-war rally in New were now trying to interfere in the Ameri­ York, the British tried to disrupt it by print­ can government itself. And as Cabinet docu­ HON. HAROLD E. FORD ing fake tickets, hoping to start flights be­ ments show, Roosevelt was unwilling to OF TENNESSEE stand for this. tween the real ticket holders and the people IN THE HOUSE OF REPRESENTATIVES they found in their seats. And Lindbergh's as­ The FBI had watched this to a point where sociate, Senator Burton K. Wheeler? they had conclusive proof, and then they Wednesday, September 12, 1979 HYDE. Oh, certainly, we went for him, yes. called in the head of British intelligence, WALLACE. What did you do? told him they wanted Paine out of the coun­ • Mr. FORD of Tennessee. Mr. Speaker, HYDE. We inserted propaganda in-in vari­ try by six o'clock, or else. Stephenson then I rise today to call national attention to ous places. professed surprise and horror that any of his the achievements of an outstanding WALLACE. Another Midwestern senator, one men should do such a thing- American. On August 1, 1979, the Most of the most respected members of the isola­ HYDE. Yes. Reverend James Patterson Lyke, O.F.M., tionist bloc, turned interventionist after he WALLACE. --which was naive of Mr. at the age of 40 became the youngest was seduced by a British agent. Stephenson. Catholic Bishop in the United States, the HYDE. Her job was to dress most beiautifully HYDE. Well, yes. You must remember there were-by this time 1there were well over a fifth black bishop, and the first black and circulate in Washington and find out bishop in the Midwest when he was or­ what she could. And I'm-I'm pretty certain thousand people working for BSC, and I-I­ that Mrs. Laurie--surname I've forgotten­ I did know Mr. Paine, but I-I certainly dained auxiliary bishop of Cleveland, got to work on the senator. would not contradict the statement that he Ohio, at the Cathedral of St. John in WALLACE. And how much, we asked, did was collecting material perhaps detrimental Cleveland, Ohio. FDR really know about all this? to Berle; but what good it would have­ Bishop Lyke was born in Chicago, Ill., would have done, I don't know. I think-I February 18, 1939, the youngest of seven HYDE. He didn't know the particul.ars of think he exceeded his instructions. every detail, detailed operation, but by and children born to the late Mr. and Mrs. large he did know everything. WALLACE. Are there not, for those of us Amos Lyke. His surviving brothers and WALLACE. Roosevelt did. who have within recent years read and heard sisters are Thelma Lyke Harvey, Doris HYDE. There were no secrets from-from about Watergate, are there not similarities? Plumbers units, dirty tricks, trying to get Lyke Fields, Amos Lyke, Rayette Lyke Roosevelt. Holman, and Andrew Lyke, all of WALLACE. The White House, in fact, knew dirt on high officials of government. more than "Intrepid" wanted them to know. HYDE. Yes. I don't think there was-there Chicago. They knew when the British went beyond was much going on about- Bishop Lyke was received into the the limits of their "secret understanding". WALLACE. We hear so much today about the Franciscan Order in 1959. He was or­ And trouble started in the autumn of 1941. word "cover-up". dained to the priesthood at St. Joseph ERNEST CUNEO. The British were picking up HYDE. Yes. Seminary in Teutopolis, Ill., on June 24, their deserters on our shores, bumping them WALLACE. This was a monumental cover-up 1966. He received his A.B. degree in on the head, putting them in pullman cars, compared to some that came later. HYDE. Absolutely, Mr. Wallace, absolutely. philosophy from Quincy College, masters and taking them up to British cargo vessels of divinity degree in theology from An­ which were about to sail. I-I couldn't agree with you more. WALLACE. Ernest Cuneo 'became Roosevelt's WALLACE. This was a world-shaking, world­ tonianum, Rome, Italy. At the time of personal liaison with the British. reforming cover-up. his ordination he was pursuing a doc­ CUNEO. And Hoover reported it as a kid­ HYDE. Yeah, yeah. It saved-it saved torate degree from Union Graduate napping, . ·and Francis Biddle was mad as Britain's bacon. School in Cincinnati, Ohio. hell, the Attorney General. So, I went over PRESIDENT ROOSEVELT. December 7th, 1941, The young Bishop Lyke's first formal to see him about it, and he said, "I can tell a date which will live in infamy. assignment was to Padua Franciscan you something. I will not stand for it. And I WALLACE . Ironically, it wasn't British High School in Parma, Ohio, where be­ called Halifax down here to tell him so." agents who finally got us into the war. It sides teaching religion he was able to CRILE. That's the ambassador. was Japanese planes bombing Pearl Harbor. actively participate in the human rights CUNEO. The ambassador. That's what stopped the anti-war movement CRILE. The British-British ambassador. here more effectively than all "Intrepld's" struggle. This urge to work for human CUNEO. And he said, "Mister Ambassador, schemes, for it was only now that America dignity for all is a refiection of the events this ls an absolute outrage. I will not per­ turned around. Isolationists, America First­ of his childhood on the South Side of mit it." And Halifax, who was a. very nice ers, the whole country rallied to the war Chicago where he was reminded daily of man, said, "I have it on highest authority effort, joining in a unanimous welcome for the a1Ironts to human dignity of those that this was permissible." And Biddle told Prime Minister Churchill, a man much re­ who are poor and oppressed by poverty, me, he said, "I am the highest authority. I lieved that Britain and America were now racism, and injustice. am the highest authority. I am the Attorney finally allied in an historic cause. One of the signs of the young bishop's General of the United States, and I can WINSTON CHURCHILL (before the Congress). determination and drive was his being a promise you something. If it's done again, Here we are together, facing a group of newsboy at Comiskey Park on Chicago's I will indict you." mighty foes who seek our ruin. Here we are WALLACE. Incidents like these raised a. furor together, defending all that to free men is South Side. A highlight during his young in Franklin Roosevelt's inner circle. There dear. Twice in a single generation the catas­ childhood experiences was when he were fears the British were becoming a law trophe of world war has fallen upon us. Twice trudged on foot to the home of civil unto themselves here. There were proposals in our lifetime has the long arm of fate rights activist Dick Gregory. On ringing to rein them in or throw Stephenson out. reached out across the ocean to bring the the bell the young lad heard a voice in­ The chief source of these attacks was this United States into the forefront of the battle. quiring who is there, "Jimmy Lyke," he man, Adolph Berle, the Assistant Secretary It is not given to us to peer into the mysteries replied, "I've come to have Mr. Gregory of State and Roosevelt's friend and confi­ of the future. Still, I avow my hope and faith, dante. autograph my record,'' whereupon Mrs. sure and inviolate, that in the days to come Gregory replied, "I'm sorry, he's in jail." Before long, Berle found himself on the the British and American peoples will, for British target list. A memo from the papers their own safety and for the good of all, walk These experiences along with the disci­ of the late Adolph Berle: the FBI tells him together in majesty, in justice and in peace. plined example of a determined and car­ he's being wiretapped and spied on by a (Applause) · ing mother and a warm and loving fam­ British agent named Paine. Berle protests WALLACE. The most remarkable thing about ily were the basis of his work with Opera­ "They're trying to get the dirt on me. They the conspiracy to get America into the war ·tion Breadbasket, NAACP voter's rights hope to for~e my removal from the State ls what huge risks everybody took. For 1f the campaign and his participation in Carl Department. -- story had surfaced before Pearl Harbor, the Stokes' successful campaign as first black CUNEO. Berle told me that they tapped him, British would surely have lost what support mayor of Cleveland. September 12, 1979 EXTENSIONS OF REMARKS 24305 After the assassination of Dr. Martin and businessmen of my 33d Congres­ association at Rockwell to serve as a Luther King, Jr., on April 4, 1968, with sional District of New York who have forum for ideas and issues. Exhibiting whom Bishop Lyke had had the privilege recently distinguished themselves and similar leadership skills in her com­ of working with in Cleveland, he sought their community in a difficult competi­ munity, she serves on the board of direc­ permission to come to Memphis to work. tion. tors for the Rio Hondo Area Action Coming to Memphis in September 1968, Many of you may be aware that up­ Council. the young energetic and forceful priest state New York produced the first of all Susan Pescar, owner of her own public brought the same interest in the struggle American wines, and it was from the relations agency, has combined her pro­ for human rights and human dignity. He fertile hillsides and valleys of the New fessional expertise with her knowledge first served as assistant pastor and ad­ York Finger Lakes that the American of the medical field, to produce an award­ ministrator of Father Bertrand Ele­ wine industry grew and prospered. But winning medical information publica­ mentary School and then pastor for 9 more than a mere historical fact, the tion. She also informs the public through years at St. Thomas. He was the first New York winemaking business remains lectures, television, and motion pictures black Catholic priest to serve in the State an important part of our commercial of various medical problems and what of Tennessee. community. preventive health techniques the public Bishop Lyke's contributions to Mem­ Because of the longevity and impor­ can follow. In addition, Susan is a dedi­ phis are too numerous to mention but tance of the New York art of winemak­ cated volunteer at the Long Beach Chil­ outstanding among them were his par­ ing, the New York State Fair each year dren's Clinic. ticipation in the early freedom marches, stages competition for the best of these People like Stella Deras and Susan Pes­ the United Farm Workers, and striking products. This year, nine medals were car symbolize the thousands of women hospital workers. captured by a single, small but precise who set precedents and create programs His dedication spurred his metoric rise winery of my district, the Glenora Wine to meet the community needs. and recognization in church and civic Cellars of Glenora, operated by Messrs. I am proud to share with my colleagues organizations. Among the organizations Howard Kimball, Ed Dalrymple, East­ the 1979 presentation of the Women's Bishop Lyke was associated with while man Beers, and Eugene Pierce. Achievement Award which applauds the in Memphis were SCLC; NAACP Board This makes the second straight year contributions and accomplishments of member; consultant to Memphis Inter­ that this relatively new winery has fasci­ women in our community.• faith Association; board of directors nated State fair judges with its product American Civil Liberties Union; union quality. It reaffirms the care and interest board of trustees, Catholic Theological in the entire State's industry. Union of Chicago. These wines are not simply the best THE PROPOSED DEPARTMENT The erudite Bishop Lyke collaborated of New York's, nor even the best of the OF EDUCATION with Bishop Carrol T. Dozier on his pas­ domestic wines. They are capable of toral letters on peace, justice, and abor­ comparisons with any wine made in the tion. Bishop Lyke also served as a mem­ world today, because Glenora operators HON. WILLIAM E. DANNEMEYER ber on the National Catechetical Direc­ have invested more than working days OF CALIFORNIA tory. At the time of his ordination, Bish­ in them-they have invested great shares IN THE HOUSE OF REPRESENTATIVES op Lyke was president of the National of pride. Wednesday, September 12, 1979 Black Catholic Clergy Caucus. He was It gives me great pleasure to add my also serving as director of the Newman personal congratulations to Glenora, and e Mr. DANNEMEVER. Mr. Speaker, it Foundation at Grambling State Univer­ to take this national opportunity to in­ is common for States to memorialize sity and pastor of St. Benedict, the black vite comparisons between Glenora and Congress to enact legislation. We have all Catholic Church in Grambling, La. any product of American vineyards.• had letters come to our offices strongly Bishop Lyke brings the same drive, hu­ urging us to vote for the adoption of this mility, determination and deep faith to or that legislative proposal. It is rare, his new position that he has brought to however, when a memorial against a the other challenges he has faced in his STELLA DERAS AND SUSAN PESCAR given bill is brought to our attention. But priestly ministry. RECEIVE DISTINGUISHED WOM­ just such a memorial was sent to my The new bishop ·reminded us of the EN'S ACHIEVEMENT AW ARD office during the August recess and I three traditions that have shaped his life, would like to share it with you. the tradition of the church, the tradition HON. JERRY M. PATTERSON By way of background, a resolution of the Franciscan movement, and the urging Congress to enact the law creat­ tradition of his Afro-American heritage. OF CALIFORNIA ing a separate Department of Education Bishop Lyke has expressed a hope that IN THE HOUSE OF REPRESENTATIVES was brought before the California State he can perform as well in his new posi­ Wednesday, September 12, 1979 Senate. But, instead -of passing, the reso­ tion as the two bishops under whom he e Mr. PATTERSON. Mr. Speaker, I lution was rejected just as the concept of served in Memphis, Bishop Joseph A. Du­ would like to invite my colleagues to join a separate Department had been rejected rick, and Bishop Carroll T. Dozier. Ad­ me in recognizing Stella Deras and Susan by the University of California, one of dressing the congregation at his ordina­ Pescar of Orange County, Calif., as they the largest and finest institutions of tion he said, receive the Distinguished Women's higher education in the Nation. From I am conscious as I have ever been before Achievement Award. these two actions, it should be readily in my life, that my efforts are futile without apparent to anyone that another DOE is your prayers, support, and encouragement. This award, established in 1975, has been presented to 124 women of all social, not a popular idea in the State of Cali­ In my own heart I know that I have the fornia. capacity to understand you-all of you. economic, and cultural backgrounds and manner of profession. Dissatisfaction with the proposed De­ Bishop Lyke has chosen as his motto, Recipients of this award are selected partment of Education manifested itself "Christ Is Our Peace." by the men and women of the East Los in the close vote on the legislation in the Welcome home, Bishop Lyke.• Angeles Business Development Center, a House of Representatives. The 210-to- federally funded nonprofit organization 206 vote on July 11 of this year is hardly which assists over 1,400 minority busi­ a vote of confidence in the concept, and, TRIBUTE TO GLENORA WINE if anything, hostility to it has increased CELLARS nesses a year. The dedication and accom­ plishments demonstrated by this organi­ subsequently. zation set the high criteria by which I mention all this in hopes that these HON. GARY A. LEE award recipients are chosen. facts will be borne in mind by the confer­ OF NEW YORK Stella Deras, a supervisor at Rockwell ees as they meet with their counterparts IN THE HOUSE OF REPRESENTATIVES International Space Division, recognized from the Senate in conference on the the need for women in her profession to respective bills. While it is too much to Wednesday, September 12, 1979 advance in their career so she organized hope that the idea will die altogether in • Mr. LEE. Mr. Speaker, I rise today to seminars to enhance their career skills. conference, one might hope that the pay tribute to a small group of artisans Stella is currently establishing a women's conferees will produce legislation that 24306 EXTENSIONS OF REMARKS September 12, 1979 will prove to be as inoffensive as possible help the hapless Ugandan victims of Amin. the Nation and has "been instrumental to the many who have serious reserva­ Some estimates are that over 4 per cent of the in establishing urban Indian community tions about the new DOE.• population was murdered and that more centers in New Jersey and New York. than 100.000 Ugandans fied into e~ile. Amin's militarism and profiigate spending plum­ Several of her stories depicting the meted the Ugandan economy into a state of plight of the American Indian have ap­ collapse. The litany of horrors could go on. peared in local newspapers. In April 1977, CONGRESSIONAL ACTION TO AID In short, the world made Amin's evils into an article, which she coauthored with UGANDA a media event. Now that they a.re gone, hu­ Melvin H. Freedman, was printed in the manitarian concern for helping the new New York Times. Presently, she and Mr. Uganda is nearly non-existent. It is almost Freedman are completing a book enti­ HON. STEPHEN J. SOLARZ if as Amin were a much-needed whipping boy tled "We Are Still Killing the Indians." It OF NEW YORK to make the world feel righteous. The havoc he caused his fellow Ugandans was beside the is my widerstanding that notification of IN THE HOUSE OF REPRESENTATIVES point. approval for publication has recently Wednesday, September 12, 1979 I hate to pursue this theory too far, but been received. Uganda is in desperate straits and cries out Mrs. Viviano is the mother of three • Mr. SOLARZ. Mr. Speaker, earlier this for assistance. chi:ldren. Her elest, Roger D. Wardall, year the Subcommittee on Africa, which The world, however, is waiting diffidently I am privileged to chair, conducted pub­ in the wings, parcelling out tidbits of help is a deputy sheriff in Marin County, S~n lic hearings on the need for humanitar­ on tJhe grounds that the political situation is Rafael, Calif. Her two daughters live in ian assistance to Uganda now that its unstable and the country not secure. Uganda the State of Washington; Mrs. Romona. citizens have brought Idi Amin's mon­ wants, needs and can competently use help Berry is a criminal investigator for the strous regime to an end. now. It is too bad that our purported human­ State, and Mrs. Madelon Snyder is a itarian concern about Amln's wrongdoing social services counselor.• Recently I learned that a distin­ does not continue to be demonstrated by guished citizen of our Nation, Prof. Rich­ generous help. ard P. Thornell, visited Uganda under The dust has settled and the business of the auspices of Africare and had the op­ rehabilitation and reconstruction ls under­ INTERNAL REVENUE SERVICE portunity to see at firsthand the prob­ way despite some uncertainties about how to lems confronting that nation and to accomplish it. The Ugandan government estimates that consult with many of its leaders. it needs $2 billion for recovery. The people HON·. JON HINSON Professor Thornell is an economist and of Uganda need almost everything and help­ OF MISSISSIPPI a member of the faculty at Howard Uni­ ing them now ouglht to be the mandate and IN THE HOUSE OF REPRESENTATIVES versity and serves on the Board of Di­ mission of those who condemned Amin. rectors of Africare. He is also a member After the suffering that Uganda has been Wednesday, September 12, 1979 of the Council on Foreign Relations. His through for eight years, all the world should • Mr. mNSON. Mr. Speaker, this spring, longstanding concern for the people of be good Samaritans to her. The United bankers and investors alike were aston­ Uganda dates back to 1964, when, as a States ought to set the example, but, un­ ished. and dismayed. when the Internal fortunately, Congress has failed to lift the representative of the Peace Corps, he ne­ economic sanctions imposed during tJhe Amin Revenue Service handed down revenue gotiated the esta·blishment of the first regime. This precludes any slgnlflcant re­ ruling 79-72. This ruling declared that Peace Corps program in Uganda. sponse by the U.S. Agency for International holders of short term certificates of de­ Following his recent factfinding mis­ Development. posit would be liable for taxes on interest sion to Uganda, Professor Thornell pub­ Moreover, the United Nations Development not yet paid, at the penalty rate, oncer­ lished his views in the Washington Star Program was recently Teduced to a skeletal tificates which were held at the end of on September 1, 1979. His persuasive level, aid from Western Europe is merely the calendar year. The IRS justified their trickling in, and the the Soviet Union and essay points out that the United States her a.Hies have not responded. The major ruling under section 451 of the Internal should remove the economic sanctions burden of assistance ls being carried by the Revenue Oode, entitled, "General Rule we imposed against Uganda. Soon there­ government of Tanzania. . for Taxable Year of Inclusion." after, both Houses of Congress heeded So an already grave crisis of need may well Not yet content, the IRS has now pro­ that advice. be compounded if major donors do not move posed. to tax these certificates at the pre­ On September 7, 1979, the House voted quickly and generously to helo. Swift action mium rate, although that rate may not 280 to 69 to lift the ban on economic aid in the United States and abroict is imperat1.ve ultimately be the rate at which interest while retaining a prohibition on military in order to avert further tragedy in Uganda. is computed, for instance if the certificate Africare stands ready to participate in the assistance. On September 11, 1.979, the much needed effort to help Uganda now.e is redeemed prior to its maturity date. Senate took the same action by voice This ambitious approach is being justi­ vote. Having applied restrictions against fied by classification of certificates of the tyrannical Amin regime, Congress deposit as Ciiscount instruments of wisely recognized a consequent obliga­ TRIBUTE TO MARIAN VIVIANO indebtedness. tion to remove those restrictions and as­ The gain in revenues facilitated by sist Uganda following Amin~s departure either approach is miniscule. The cost to from power. HON. JAMES J. FLORIO banks, the frustrations and discourage­ Professor Thornell's article follows: OF NEW JERSEY ment to investors who have to figure into UGANDA NEEDS, AND DESERVES, HELP IN THE HOUSE OF REPRESENTATIVES their tax returns interest wbich they (By Richard Thornell) Wednesday, September 12, 1979 have not yet received., and the difficulties I returned recently from an Afrlcare Mis­ which will be encountered by banks in sion to Uganda, struck by the irony that this • Mr. FLORIO. Mr. Speaker, it gives explaining this liability to depositors former whipping boy of the world's human me pleasure to acknowledge the achieve­ suggest a singular solution which, I am rights champions seems to lhave vanished ments of my constituent, Mrs. Marian confident, would be more in accord with from world concern. Now that Uganda has Viviano, Sicklerville, N.J. the intent of the Congress. There!ore, to been liberated from the atrocities and buf­ Mrs. Viviano, a Chippewa Indian, was clarify the entire situation and to put an foonery of the Amin regime through the born in Tower, Minn., in Indian terri­ end to this practice, I am introducing an military intervention of Tanzania, her tory near the Vermilion Lake Reserva­ friends seem few in number and slow in amendment to the Internal Revenue helping. tion. Given the name Shining Star, she Code. My propos1al will add language to Amln's antics and cruelty held the world's has been steadfast in her determination section 451 of the code to assure that in­ attention, purportedly bec·ause of interna­ to guide all Native Americans in their terest on these certificates will not be tional concern about human suffering. For struggle for rights and to promote the deemed received until the certificates example, the hijacking of Israelis to Entebbe preservation of their heritage. Included either are redeemed or reach maturity, Airport, Amin's cat and mouse game of han­ among the awards bestowed upon her is dling it, and the Israeli government's bold whichever occurs first. Section 1232 is rescue mission made the front pages of news: the Civilian Congressional Medal of also amended to exclude certificates of papers for days and produced a re..ft of ar­ Honor. deposit from the discount definitions. ticles, books and movies. Over the past three decades she has I will be requesting cosponsors and in­ But the world has done little or nothing to lectured in nearly every reservation in vite and encourage the Members of the September 12, 1979 EXTENSIONS OF REMARKS 24307 House to join me to end this policy by the Employment for 1,046,800 Americans; ard, Mr. Pursell, Mr. Rahall, Mr. Rangel, IRS which unnecessarily harasses private Generates annual personal income of Mr. Reuss, Mr. Richmond, Mr. Rinaldo, Mr. $19.2 billion and business income total­ Roberts, Mr. Robinson, Mr. Rodino, Mr. Roe, citizens with burdensome regulation, and Mr. Rose, Mr. Rostenkowski, Mr. Royer, Mr. which discourages investment at a time ing $ 7.4 billion; Russo, Mr. St Germain, Mr. Sa.ntlnl, Mr. when our economy needs it most.• Produces $4 billion in State and local Scheuer, Mr. Shannon, Mr. Shumway, Mrs. taxes; and Snowe, Mr. Snyder, Mr. Solarz, Mrs. Spell­ Accounts for gross sales within total man, Mr . .Spence, Mr. Stack, Mr. Stanton, economy of $56 billion and a $30 billion Mr. Stark, Mr. Stewart, Mr. Stokes, Mr. Strat­ NATIONAL PORT WEEK contribution to the GNP. ton, Mr. Synar, Mr. Thompson, Mr. Traxler, National Port Week will recognize the Mr. Treen, Mr. Trible, Mr. Van Deerlin, Mr. importance of our ports to the Nation's Vander Jagt, Mr. Vanik, Mr. Vento, Mr. Wal­ HON. JOHN M. MURPHY defense. In time of war, or other na­ gren, Mr. Waxman, Mr. Weaver, Mr. Weiss, OF NEW YORK Mr. Whitehurst, Mr. Whitley, Mr. Bob Wil­ tional emergency, our ports would im­ son, Mr. Charles H. Wilson of California., Mr. IN THE HOUSE OF REPRESENTATIVES mediately effect a plan for Federal port Winn, Mr. Wolff, Mr. Won Pat, Mr. Wyatt, Wednesday, September 12, 1979 control for efficient operation and utili­ Mr. Yatron, Mr. Young of Alaska, Mr. Young zation of port facilities, equipment, and of Missouri, Mr. Zablocki and Mr. Zeferettl. e 'Mr. MURPHY of New York. Mr. services. Their strategic importance has Speaker, today I have the distinct pleas­ been apparent in every war in which the PuRSUANT TO CLAUSE 4 OF RULE XXII OF THE ure of announcing the support of one­ United States has become engaged, and RULES OF THE HOUSE OF REPRESENTATIVES, half of the House for "National Port would be again. THE FOLLOWING SPONSORS ARE HEREBY ADDED Week." This overwhelming support ex­ TO H.J. RES. 303 On behalf of B1zz JOHNSON, with whom hibits a deep concern for our ocean anc:i Mr. Akaka, Mr. Ambro, Mr. Andrews of I originally cosponsored this resolution, North Carollna, Mr. Andrews of North · Da­ inland centers of trade. The week of Oc­ I wish to thank all our colleagues below kota, Mr. Annunzio, Mr. Archer, Mr. Aucoin, tober 7-13 will recognize that ·our ports who have joined in recognizing our ports. Mr. Bafalis, Mr. Benjamin, Mr. Bevlll, Mr. are a vital force in our national economic In setting aside a week to focus on our Biaggi, Mr. Bingham, Mr. Blanchard, Mrs. development, as well as being focal ports, all Americans may be proud of the Boggs, Mr. Boland, Mr. Bonlor, Mr. Bonker, points for the Nati:on's defense. important contributions made by those Mr. Bowen, Mr. Burgener, Mr. John L. Bur­ In oversight hearings held by the Com­ who work in our national ports. ton, Mr. Cavanaugh, Mr. Chappell, Mr. Clau­ mittee on Merchant Marine and Fisher­ sen, Mr. Clay, Mr. Conte, Mr. Corcoran, Mr. The colleagues follow: Corm.an, Mr. Cotter, Mr. Coughlin, Mr. Davis ies in·the ports of New York/New Jersey Mr. Addabbo, Mr. Akaka., Mr. Albosta, Mr. of Michigan, Mr. Diggs, Mr. Dingell, Mr. and Chicago, several important points Alexander, Mr. Ambro, Mr. Anderson of Call­ Dodd, Mr. Donnelly, Mr. Dornan, Mr. Duncan were made. For example, our ports pro­ fornia, Mr. Andrews of North Carolina, Mr. of Oregon, Mr. Duncan of Tennessee, Mr. vide the critical link between our land Andrews of North Dakota, Mr. Annunzio, Mr. Early, Mr. Eckhardt, and Mr. Edgar. and water carriers; enabling our port Archer, Mr. Aucoin, Mr. Bafalls, Mr. Balley, Mr. Eva.ns of Georgia., Mr. Fary, Mr. Fish, industry to contribute enormously to our Mr. Beard of Rhode Island, Mr. Benjamin, Mr. Fithian, Mr. Florio, Mr. Ford of Tennes­ Nation's economy. They facilitate our in­ Mr. Bethune, Mr. Bevlll, Mr. Blagg!, Mr. see, Mr. Forsythe, Mr. Founta.l.n., Mr. Garcda., ternational. trade, employ significant Bingham, Mr. Blanchard, Mrs. Boggs, Mr. Mr. Giaimo, Mr. Gonzalez, Mr. Gramm, Mr. Boland, Mr. Bonior, Mr. Bonker, Mr. Bowen, Hanley, Mr. Harsha., Mr. Holland, Mr. Hol­ numbers of people, provide substantial Mr. Breaux, Mr. Brooks, Mr. Buchanan, Mr. lenbeck, Ms. Holtzman, Mr. Hubbard, Mr. personal and business incomes, and Burgener, Mr. John L. Burton, Mr. Camp­ Hughes, Mr. Jenrette, Mr. Jones of North generate revenues for State and local bell, Mr. Cavanaugh, Mr. Chappell, Mr. Carolina, Mr. Jones of Oklahoma., Mr. Ka.zen, government. Clausen, Mr. Clay, Mr. Coelho, Mr. Conte, Mr. Kemp, Mr. Kostmayer, Mr. Lloyd, Mr. Our ports face significant problems. Mr. Corcoran, Mr. Corman, Mr. Corrada., Mr. Long of Maryland, Mr. Lowry, Mr. McDonald, Dredging is a must for our Nation's ports Cotter, Mr. Coughlin, Mr. D'Amours, Mr. Mr. Markey, Mr. Ma.this, Mr. Mlller of Ca.lil­ in order to accommodate today's larger Robert W. Daniel, Jr., Mr. Davis of Michi­ fornla., Mr. Mineta., Mr. Minish, Mr. Mitchell gan, Mr. Davis of South Carolina, Mr. de la of Maryland, Mr. Montgomery, Mr. Murtha., ships. Historically, our port technology Garza, Mr. Dellums, Mr. Derrick, Mr. Dicks, Mr. Nichols, Mr. Nolan, and Ms. Oa.ka.r. has kept pace with today's modern needs. Mr. Diggs, Mr. Dingell, Mr. Dodd, Mr. Don­ Mr. Pa.tterson, Mr. Pease, Mr. Peyser, Mr. But the delays experienced for even nelly, Mr. Dornan, Mr. Dougherty, Mr. Preyer, Mr. Price, Mr. Pritchard, Mr. Pursell, simple maintenance dredging have re­ Downey, Mr. Duncan of Oregon, Mr. Duncan Mr. Rangel, Mr. Reuss, Mr. Ridhmond, Mr. sulted in costly delays which have added of Tennessee, Mr. Early, Mr. Eckhardt, Mr. Rinaldo, Mr. Robinson, Mr. Rose, Mr. Royer, to the problems of an already troubled Edga.rA Mr. Russo, Mr. St Germain, Mr. Santini, Mr. economy. Bureaucratic delay, duplic·a­ Mr. Edwards of Alabama, Mr. Emery, Mr. Shannon, Mr. Spence, Mr. Stanton, Mr. Stew­ tion, excessive testing, and questionable Evans of Delaware, Mr. Evans of Georgia, art, Mr. stratton, Mr. Synar, :Mr. Traxler, Mr. Mr. Evans of Virgin Islands, Mr. Fary, Mr. Trible, Mr. Va.nlk, Mr. Vento, Mr. Weiss, Mr. criteria are all adding to the cost of Fazio, Ms. Ferraro, Mr. Fish, Mr. Fithian, Whitehurst, Mr. Charles H. Wilson of Cali­ doin·g business. Inadequate rail access is Mr. Florio, Mr. Flood, Mr. Foley, Mr. Ford fornia., Mr. Wyatt, a.nd Mr. Ya.tron.e another problem plaguing many of our of Tennessee, Mr. Forsythe, Mr. Fountain, ports today. Those ports serviced by one Mr. Fuqua, Mr. Garcia., Mr. Gephardt, Mr. carrier need protection against monopoly Giaimo, Mr. Gilman, Mr. Ginn, Mr. Gold­ railroads which can set rates without re­ water, Mr. Gonzalez, Mr. Gramm, Mr. Gray, TANA KAY CARLI gard for competition. Mr. Guarini, Mr. Hance, Mr. Hanley, Mr. Harris, Mr. Harsha, Mr. Hawkins, Mr. Heftel, Collectively, our port communities com­ Mr. Hinson, Mr. Holland, Mr. Hollenbeck, prise the largest port system in the HON. RALPH S. REGULA Mrs. Holt, Ms. Holtzman, Mr. Howard, Mr. OF OHIO world. In order to handle this Nation's Hubbard, Mr. Huckaby, Mr. Hughes, Mr. world commerce, which ranks as the Hutto, Mr. Hyde, Mr. Jenrette, Mr. Jones of IN THE HOUSE OF REPRESENTATIVES highest in the world, we must insure that North Carolina., Mr. Jones of Oklahoma, Mr. Wednesday, September 12, 1979 our ports have the tools necessary to Kazen, Mr. Kemp, Mr. Kostmayer, Mr. Lago­ handle this enormous task. We cannot marsino, Mr. LaFalce, Mr. Lea<:h of Louisiana, • Mr. REGULA. Mr. Speaker, I extend allow our ports to fall behind in Mr. Lederer, Mr. Livingston, Mr. Lloyd, Mr. my congratulations to Miss Ohio of Long of Louisiana, Mr. Long of Maryland, 1979-Tana Kay Carli of Alliance-who, establishing efficient and economical Mr. Lott, Mr. Lowry, Mr. Lungren, Mr. on Saturday night past, was chosen first transfers of cargo that have made Markey, Mr. Marks, Mr. Mathis, Mr. Matsui, runnerup to Miss America, Cheryl Prew­ us the world's greatest trading Na­ Mr. Mavroules, Mr. McCormack, Mr. McDade, itt of Mississippi. tion. Today some 170 major com­ Mr. McDonald, Mr. Mica, Ms. Mikulski, Mr. mercial ports on the Nation's coast­ Mlller of California, Mr. Mlneta, Mr· Minish, Tana, a strikingly attractive resident lines, rivers, lakes, and canals serve as Mr. Mitchell of Maryland, Mr. Moakley, Mr. of the 1'6th Congressional District, is the centers of regional commerce and Montgomery, Mr. Moore. fourth Miss Ohio in the last 5 years to growth. Every major metropolitan re­ Mr. Moorhead of Pennsylvania, Mr. Mottl, finish among the top 1O semifinalists of Mr. Murphy of Illlnols, Mr. Murphy of Penn­ the Miss America Pageant. gion of the U.S. centers around a port, sylvania, Mr. Murtha, Mr. Myers of Pennsyl­ or is closely linked by rail or highway vania., Mr. Nichols, Mr. Nolan, Mr. Nowak, We in the Buckeye State are proud of with a port. Presently the American port Ms. Oakar, Mr. Oberstar, Mr. Panetta., Mr. our young women whose beauty, intelli­ industry provides direct and indirect Patten, Mr. Patterson, Mr. Pease, Mr. Pepper, gence and talent are recognized through­ benefits to the economy: Mr. Peyser, Mr. Preyer, Mr. Price, Mr. Prltch- out the Nation. Ohio has produced six 24308 EXTENSIONS OF REMARKS September 12, 1979

Miss Americas-more than any other national law, have exclusive sovereign rights FOOTNOTES a.s to the manner and mode of exploration State. l For example, see The New York Times, a.nd exploitation of the oil therein. Yet, that August 14, 1979, A12. For information on Tana1 who was graduated from Mar­ sovereignty has been relinquished to a. cer­ United States response and efforts, see 125 lington High School with a 3.9 scholastic tain degree through multilateral treaties to Cong. Rec., July 20, 1979, pages 19714-19716. which Mexico is a party. Seemingly relevant average, went on to study economics at 2 For exMnple, International Convention Akron University where she was gradu­ to oil pollution illj the present context, one for the Prevention of Pollution of the Sea by can point to Art. 5(7) of the Convention on Oil, May 12, 1954 (1961) 12 U.S.T. 980. ated magna cum laude. 4 She missed becoming Ohio's seventh the Continental Shelf which provides that 3 The United States presently does not rec­ a coastal State in the safety zones estab­ ognize any nations' claim beyond three miles. Miss America by the slimmest of margins, lished a.round continental shelf installations *April 29, 1958 (1964), 15 U.S.T. 471. having scored heavily in the talent com­ "is obliged to undertake, in such zon,es, all ;; William T. Burke, Richard Legatski, a.nd petition with her musical ability and appropriate measures for the protection of William W. Woodhead, National and Interna­ charming personality. the living resources of the sea. from harmful tional Law Enforcement in the Ocean 53-54 Miss Carli will continue to travel a.gents." "This is a. rather narrow concept of (1975). the coastal state's responsibility, but perhaps o April 29, 1958 (1962), 13 U.S.T. 2312. throughout Ohio and the Nation during safeguarding living resources of the sea. her reign, having vowed "be the best 1 Hickey. Jr. Custom and Land-Based Pol­ to would also have the effect of maintaining the lution of the High Seas, 15 San Diego L. Rev. possible Miss Ohio I can." total marine environment of which the liv­ 409, 422 (1978). I conclude these remarks by paying a ing resources a.re but a pa.rt a.nd in this conr s Trail Smelter Arbitration, 3 U.N. Rep. Int. text perhaps not the most important.'' 5 It is respectful tribute to this impress~ve Arb. Awards 1905 (1949); 35 Am. J. Int. L. also provided in Art. 3 that the "rights of a 684 (1941). young woman who dedicated her energies coastal State over the continental shelf do and considerable talents in quest of the not affect the legal status or the superja.cent ° Corfu Channel Case, [ 1949] I.C.J. 4, 22. title of "Miss America." waters as high sea.s". A more explicit duty lo Hickey, Jr., supra note 7, a.t 428. Her achievements have brought pride of nations as to pollution by oil of the high 11 United Nations Secretariat, Survey of seas appears in Art. 24 of the Convention on International Laws 34, U.N. Doc. A/ON. 4/1/ to her family, friends and home Rev. 1 (1949). conununity .• the High Seas: o "Every State shall draw up regulations to prevent pollution of the seas by the dis­ charge of oil from ships or pipelines or re­ sul ting from the exploitation and explora­ CLARIFICATION OF H.R. 4986 LIABILITY FOR MEXICAN OIL tion of the seabed and its subsoil, taking ac­ SPILL count of existing rtrea.ty provisions on the subject." HON. JAMES ABDNOR In spite of any duty or responsib111ty pre­ OF SOUTH DAKOTA HON. IKE SKELTON scribed by treaty or othe·rwise with respect IN THE HOUSE OF REPRESENTATIVES OF MISSOURI to a.ny pollution resulting from exploiting natural resources by Mexico, Mexico would Wednesday, September 12, 1979 IN THE HOUSE OF REPRESENTATIVES appear to be liable under pri~ciples of inter­ Wednesday, September 12, 1979 national law to other nations which suffer e Mr. ABDNOR. Mr. Speaker, I would harm a.s a result of pollution from activities like to take this opportunity to clarify e Mr. SKELTON. Mr. Speaker, many within its jurisd-iction. my position in regard to H.R. 4986, the people are concerned about the liability The notion of nation responsibility for pol­ Consumer Checking Account Equity Act relating to the recent Mexican oil spill lution, having roots in both Roman law and that has caused considerable damage to the common law concept of nuisance, is a of 1979, and at the same time register my the American coast and industry located natural outgrowth of one of the ·basic iprem­ displeasure at the manner in which this there. As a result of an inquiry I made to ises upon which nation responsLbility rests bill was brought before the House. the CRS of the Library of Congress, and which is embodied in the general and In my estimation, any bill which ends Daniel Hill Zafren wrote the following well-recognized principle of international the longstanding prohibition ()If inter­ law--one must so use his own a.s not to do est bearing demand deposits and will analysis. I wish to share it with my col­ injury to another.7 In the Trail Smelter leagues. Arbitration,8 Canada was held liable to the drastically alter consumers' habits re­ It states as .follows: United States for damages for injury done garding :financial services, is of such im­ portance as to be deserving of considera­ CONGRESSIONAL RESEARCH SERVICE, in the United States by fumes carried by the Washington, D .C. winds from a privately owned and operated tion under the regular rules of the House, Canadian smelter, and was required to pre­ rather than under a suspension of the OVERVIEW OF THE LIABILITY UNDER INTERNA­ vent such damage in the future. In the rules. TIONAL LAW FOR DAMAGE TO THE UNITED Corfu Channel Case,0 the International STATEs CAUSED BY AN OIL SPILL EMANATING Court of Justice placed Albania's liability I happen to be a cosponsor of H.R. FROM A MEXICAN OIL WELL BLOW-OUT to Great Britain for failure to notify British 4986 and a proponent of the provisions of On June 3, 1979, the Petroleos Mexicanos ships about mines in the Albanian waters of the bill which authorize the continuation exploratory well in the Bay of Ca.mpeche the Corfu Channel, which exploded and of share draft accounts for credit unions region suffered a blow-out. The oil spill, de­ damaged the ships, on certain general and and electronic funds transfers for com­ scribed as the largest ever, has been moving well-recognized principles, including "every mercial banks. However, I am equally nortlhward up the Mexica;n Coo.st, and due · State's obligation not to allow knowingly its opposed to the section of the bill which to current and wind directions poses a threat territory to be used for acts contrary to the of washing the heaviest concentrations of oil rights of other States." Based on this case, provides nationwide aUJthorization for ever on beaches of the United States.1 This "it might even be said that prima facie NOW accounts. report presents a general overview of the 11- State responsibility attaches for the t.nju­ If this bill would have been consid­ a.b111ty of the Mexican Government to the rious rpolluting effects of conditions created ered under an open rule, Members of this United States for any damages incurred on State territory by trespassers of which the thereby, including the cost of the clean-up. body would have had an opportunity to territorial sovereign has knowledge or the express themselves on each of these vital An initial survey of treaties dealing specif­ means of knowledge," 10 Discussing the pro­ 2 provisions. I have always served in this ically with oil pollution appears to indicate posed codification of international law in that oil pollution caused by oil well misha.ps 1949, the United Nations Secreta.ria.t wrote: body under the assumption that only are not covered. Such treaties seem to be "There ha.s been general recognition of the minor bills are considered under suspen­ concerned primarily wlth oil pollution from rule that a State must not permit the sion of the rules-not :financial measures vessels, apparently because heretofore such use of its territory for purposes injurious of serious magnitude and repercussion. problems have been attributed to that ca.use. to the interests of other states in a manner Had the suspension tactic not been used, However, there would seem to be relevant contrary rto international la.w.'' 11 I would have strongly supported an treaty provisions and customary interna­ In conclusion, based on the strength of in­ tional law principles upon which a persuasive amendment to delete the authorization ternational law precedents, it is arguable of NOW accounts. Once on record on this argument can be made that Mexico is liable that Mexico is liaible under international for all da.ma.ges sustained by the United law for any and all damage sustained by the particular issue, I would have then cast States attributable to this Mexican oil spill. United States proximately resulting from my vote in favor of share drafts and au­ Whether the particular oil wen is located the oil spill caused by the blow-out of the tomatic funds transfers. However, given within the claimed territorial limits or Mex­ Mexican oil well. · only the up or down vote, I had no other ico a or on the continental shelf adjacent DANIEL HILL ZAFREN, choice than to vote against :final passage thereto, Mexico would, under existing inter- Deputy Chief, American Law Division. as an indication of my opposition to September 12, 1979 EXTENSIONS OF REMARKS 24309 NOW accounts and the manner in which BG. I w.ould have gone to the American by a little bit, but second by a lot. I don't people and told them precisely what was know if we can catch up. the bill was considered. going to happen, that we couldn't stop in­ LB. What did you as an amateur radio I would respectively suggest that in the fia.tion if we kept these expensive programs opera.tor think a.bout the fact that for a pe­ future this body refrain from using the up, programs that I don'·t thiink have done riod of time when Iran was falling, the only suspension procedure as a "catch-all" one bit of good. I remember Franklin Roose­ Washington-Tehra.n. communication was via and an easy method of considering such velt talking about a third of the people being Florida and a. ham radio operator? important legislation. The citizens of in poverty. I still hear Ted Kennedy talking BG. Well . .. again, it's a typical weakness this Nation are deserving of more.• a.bout a third o1' the people being in pover­ of the State Department not to provide its ty. I don't believe that. I think this coun­ Embassies with total and complete communi­ try is better off the.n any oount.ry in the cations with the United States. You drive out world, yet the government . . . wen, take Massachusetts Avenue and on nearly every the food stamp prog:mm-my wdfe can get Embassy building you'll see a big antenna. THE INIMITABLE BARRY food stamps if she wants to! We're spending Now, that's not up there for television, it's up GOLDWATER $8 biHion a year of the money people WOll'k there to talk to the home country. And I've their hearts off to get, and giving it to been in not many ·but a. lot of our foreign people who won't work. I don't 'believe in embassies that have no links with the head­ HON. ROBERT H. MICHEL that. I believe in taking care of people who quarters here. This is typical. OF ILLINOIS can't take ca.re o1' themselves or take care · LB. Again, had you won 15 yea.rs a.go, how IN THE HOUSE OF REPRESENTATIVES of themselves weH. Thiat was Lincoln's idea. many more friends a.round the globe would It's my thoughit. We haive become a wel­ we have today? Wednesday, September 12, 1979 rwre state. Now, I have grave doubt that BG. We wouldn't have lost any friends. we oa.n get out of .it. I thll.nk we're going And we would have gained friends. We are e Mr. MICHEL. Mr. Speaker, I think losing friends now almost faster than you you will agree with me that Senator to go through what England is going through. They demanded a change but when the can realize and we're losing friends that we BARRY GOLDWATER of Arizona is a man change stwrted, people said unh-unh, don't should never lose. But keep in mind that a who says what he thinks. Recently, the cut so it hurts me, cut so it hurts the country goes to where the strength is and Republican Study Committee published other guy. And I don't know if we will ever when they see the United States faltering an interview with Senator GoLDWATER see the end of infiation in this country or and slipping they're not looking to us any­ that shows he remains the unique and the end of the wel11a.re steite. more as having the ability to protect them as refreshing individual who turned Ameri­ LB. I read recently thait we've finally allies or to even protect ourselves. So they rea.ohed the point where HEW's budget a.ilone side with the Russians, or are more friendly can politics upside down 15 years ago. to the Russians. Since almost every political figure in the is the third largest in the world being suc­ ceeded by only the totail U.S. government LB. What do you think about the men of United States is using rhetoric today and the U.S.S.R.'s government. the Energy Department? I know Schlesinger that would make the BARRY GOLDWATER BG. Well, Just take the cost o1' educa­ used to be with Defense ... of 1964 look like a moderate liberal, it tion. I oa.n remember when the clamor was BG. Well that's another thing I would've would seem that his so-called "radical" for federal a.id to education, end I opposed accomplished. Because we knew in 1952 that views of the past were simply main­ it because I didn't wa.nt Washington, D.C. this country was headed for an energy prob­ running the schools in Arizona. We have lem. I would have removed a.11 controls that stream views just a bit before their time. existed at that time over gas and oil, pro­ At this point I wish to insert in the federal aid to education now, and the worst eduoa.tionail system in the world-that's at duction and selling. We haven't had a. Presi­ RECORD, "What Would the United States the elementary level . . . without a doubt dent since that time with enough guts to Be Like Today?", an interview with the worst ed,uoa.tion we've ever had in this say "remove the controls" because they BARRY GOLDWATER published in the bulle­ oountry, and yet we're spending tens of were advised, as Carter is being advised, if tin of the Republican Study Committee, billions of dollars on it a.n.d we're watching you do that prices are going up and the oil September 7, 1979: a tea.ohers' union force an edu.oa..tlon depart­ companies will make a lot of money. Well, ment down the throats of the Amea.-ica.n my God, that's the idea. of American busi­ "WHAT WOULD THE UNITED STATES BE LIKE ness-to make a lot of money so that they TODAY?" people. LB. The '64 platform mentioned the ac­ can put a lot of people to work. I don't think Fifteen yea.rs ago this fall, two Presidential commodations for the Communists sought by Carter's energy idea is going to produce one election campaigns were moving into their the Johnson Administration-whose cam­ thimble full of gasoline. Now, synthetic final strategies. It turned out to be a bitter paign accent was basically on peace, pru­ fuels-yes, we can do that, in fa.ct I would've fight, and the conservative Republican plat­ dence, and prosperity-and noted that the had synthetic fuels going. South Africa lives form was overwhelmi,ngly defeated. concessions were. granted without adequate on synthetics, Germany ran a. pretty good Lisa Bell, Bulletin editor, recently inter­ safeguards and compensations for freedom. It war on synthetic fuels. We should've done it viewed Senator Barry M. Goldwater on his mentioned alienating proven allies and play­ too. · feelings a.bout what the U.S. might be like ing up to sworn enemies. I think it's inter­ LB. What would our energy and power today if he had won the election fifteen years esting that the situation with the Russians sources be like today? Would there be more ago. Below is an edited text of the. interview. back then parallels and precedes by 15 nuclear and solar, or what do you think we LB. I'm extremely pleased that you allowed years the Carter Administration's China would have? me the opportunity to talk with you today. I policy.... BG. Well, we're not far enough a.long nor got to thinking how vastly different the U.S. BG. Well, I think we can say that the for­ would we have been had we started solar would be if, in fact, you had won in '64 and eign policy of the United States started to work at that time to produce electricity for agatn in :68, and I wanted to ask what philo­ fa.II apart when John Foster Dulles and homes. We're getting there. We're still a sophical seeds you would have planted back Dwight Eisenhower left the scene, because few ~ears away. We had stopped, by then, then to redirect the course set by the pre­ under a succession of Democrat presidents building hydroelectric dams or genera.ting vious administration. Such as, what was at we've constantly caved in to the demands of plants and dams, so we would have had more the top of your priority list, had you won in the Communists. We did not do anything to nuclear power than we have today. Now I '64? help Cuba.; we lost the war in Vietnam look at nuclear power as an interim source BG. Well, in '64 that would have been the thereby losing Asia to the Communists; the of power, between that period when we have end of the war in Vietnam, and I would have most recent example of foolishness is the no other sources and that period when we've ended that war within a. month. I don't think loss of Nicaragua.; and I'll make this proph­ achieved the full use of the atom. And when it would have taken more than one weekend ecy, that in 5 years Central America. will be that day comes you can forget about electric the way I would have done it. But thait would Communist-dominated, like Ouba. We don't power forever. have stopped the Vietnam protests before have the ability in the State Department to LB. Where do you think the economy would they really got started, it would've kept this understand this situation. They're not Com~ be toda.y-domestica.lly, internationally? country from going through what I think has munists, they're not Communist-sympathiz­ BG. Well, you oan'·t say with accuracv what been its most devastating period since the ers; they just don't know what they're doing, would things be like 15 years f·rom then or war between the states. We may never get and we have a. president today who knows from now because economics is not just the over Vietnam because of the young people less. And we had Johnson who was scared to science of dollars and cents. When psy­ that are now assuming position in govern­ death. Kennedy, I think, had he lived, chology enters the field, then the economist ment whose minds were radically changed would've proven to be good in foreign policy is lost . . . I like to think the economy would by Vietnam. in spite of his Bay of Pigs fiasco where he have been on sounder ground, because I LB. It seems as though the government lacked the courage to do what he should have would have insisted on tax benefits for the is still growing by le.aips end bounds, and done. I hope to God that the next President wage eairner and for corporations and for the the arm into the private sector keeps get­ will be a Republican and that he will know companies,' urging them to reinvest theil' ting longer; how would you have acted enough about foreign policy to start retriev­ money-which is the only way this country specifically to limit the growth that we have ing the position that the United States has can ever grow ... and we haven't done any seen ·today? My ftavorite exampiles irure OSHA, lost. And don't fool the American people. We of th111t in those years. wel1'·are, food stamps.... are second to the Russians. We are not second LB. You are such an extreme contl'last to 24310 EXTENSIONS OF REMARKS September 12, 1979 our current president, you know where you're liam Saft.re, New York Times, September "exonerated," but the embarrassing report going, where you're coming from and you're 10, 1979: must remain secret because it "contains in­ not everything to every man. How would you COVER-UP SCORECARD formation that is inextricably intertWined evaluate Mr. Carter's overall performance so (By William Safi.re) with other current criminal investigations." far? 5. The Carter warehouse money laundry. BG. Mr. Carter, in my opinion, has one bad WASHINGTON.-Philip Heymann, Chief of Only when prodded in this space to "follow trait. He's not what I would call an honest the Criminal Division of the Department of the tangent" did Mr. Heymann permit Lance man. Not that he would steal; not that he Justice-who boasts of his experience as a investigators to follow leads into question­ would cheat; but he doesn't tell the truth special prosecutor investigating Republi­ able fund-raising by the Carter family. The nor does he speak with consistency. He does cans-has been leading the Carter Adminis­ Ethics in Government Act was circumvented, things today he said yesterday that he tration fight to prevent the appointment of because cover-uppers at Justice did not want wouldn't do. He ra.n a campaign on things special prosecutors to investigate Democ~ats. a panel of judges to pick an aggressive, in­ that appeal to Americans, yet he is doing The thin-skinned ex-Harvard professor has dependent prosecutor; under pressure the things today that do not appeal to Ameri­ been derogating the Ethics in Government Carter men chose amiable Paul Curran, and cans. So if he's a born a.gain Christian I Act, which mandates court-appointed inde­ sought at first to restrict his powers, with think he'd better go back to being an old­ pendent prosecutors to handle charges his acquiesence. Press agitation stopped that time Christia.n , because they're honest. against high officials. Mr. Heymann wishes us nonsense, and now the probe is ambling LB. Do you think the timing i;; about right to believe he can do better. His record: along. (The long delay in the related Lance for a conservative victory in '80? 1. The Vesco bribe accusation. A fugitive case, however, means that no heat is being BG. I think if we don't have a conservative financier paid $10,000 to a crony of Hamilton applied to Lance to induce him to cooperate victory in the House and Senate and in the Jordan's to get President Carter to intercede in the Carter warehouse case.) White House, I'll give this country five years. in his behalf. When a Carter aide made the 6. The Jordan cocaine charge. Last year, LB. Senator, what is your gut level feeling approach, President Carter-instead of blow­ when Presidential Drug Adviser Peter Bourne about the current status and the future of ing the whistle on an apparent bribe-wrote was caught fraudulently prescribing drugs, the United States? his Attorney General a note directing him to he told newsmen that illicit drug use was fre­ BG. I just told you. I have a book coming see the possible fixer. quent among Carter staffers. But Philip Hey­ out in October in which I spell it out. I think Because it could not ignore columnist Jack mann decided not to send a single F .B.I. in­ we'll have a government; we may not be as Anderson's revelations, Justice grudgingly vestigator to question Mr. Bourne; his ap­ free as we'd like. We'll have an economy, but convened a grand jury. After 11 months, the parent crime was shrugged off. it will be so beset by inflation that we'll have grand jury foreman went public with charges Were it not for the new Ethics in Govern­ an average income of maybe $300,000 a year. of "cover-up." He was disgusted with Jus­ ment Act, that is exactly how Mr. Heymann Unless we get this country in hand, unless tice's foot-dragging to protect the White would be handling the accusations of cocaine we get this government in hand and cut out House. use against the President's Chief of Staff. D.C. an this foolish bureaucratic control .. . un­ In a meeting called to allay suspicion that drug sleuths conduct well-publicized busts less we can slow down inflation, I say five Justice prosecutors were obstructing the against newsletter writers, but have no in­ years. Now I may be short, it might take ten; grand jury, Mr. Heymann admitted that he clination to follow the white stuff into the but I think this country is headed down considered the sworn testimony of a key White House. the long tube until somebody has the guts White House aide to h.ave been untruthful. The record of the Carter Department of to stand up and say, look American people, When this admission was accurately re­ Political Justice has been a series of grudg­ here's where we are, and I am not fooling ported by Edward Pound of The New York ing investigations, unconscionable foot­ you. But I don't see Carter ever being able Times, Mr. Heymann issued an artful state­ dragging, suspicious ineptitude and self­ to do that. ment claiming he had never actually used righteous posing. No wonder Philip Hey­ LB. Who would you like to see come in, in the word "perjury" in connection with Mr. mann resists the appointment of special '80? Carter's aide. With that narrow denial, Mr . . prosecutors now required by law; they might BG. Any good Republican, or any good Heymann tried to placate the White House even investigate, prosecute and convict ii Democrat . . . that can lead. and mislead the public, but the truth is Democratic public official.e LB. Is there anything else you'd like to that the chief criminal law enforcement commen t on? officer of the U.S . led several witnesses to BG. It's perfect, I hope they'll let you believe that a Special Assistant to the Presi­ print it. dent had lied under oath. MORE SUPPORT FOR HECKLER LB. I think so. 2. The Lance case. Exactly two years ago­ HEALTH BILL BG. Well, you can't be everything to every­ in September, 1977-Justice was handed the body. You've got to take positions, and I'm evidence of Lance wrongdoing by the S .E.C. tickled to death that I was born with a and Treasury's Controller of the Currency. HON. MARGARET M. HECKLER mother and an uncle that drilled that into Result: the Treasury Secretary fell from me. I can sleep at night; I don't have to favor, the S .E.C. enforcement chief's career OF MASSACHUSETTS wake up in the middle of the night and say, has been blocked, and all the Justice officials IN THE HOUSE OF REPRESENTATIVES "Damn, what did I tell that guy this morn­ forced to work on the case have fled. Wednesday, September 12, 1979 ing?" I hate to leave you but we've got in­ The indictment was returned in May of telligence hearings going on. this year, breaking little new ground. The • Mrs. HECKLER. Mr. Speaker, I would LB. Thank you very much. politically embarrassing trial is not sched­ like to enter into the RECORD several let­ BG. 'l'hank you.e uled until late January of next year, and is ters I have received in support of my bill, likely to be postponed further, until after H.R. 4015, the Veteran Senior Citizen the early primaries. The venue will be most THE 1979 NOBODY'S PERFECT favorable to the President's friend. Health Care Act of 1979, which passecl AWARD TO PHILIP HEYMANN 3. Korea.gate. This case hinged on the the House unanimously on June 5 anc1 ability to convict former Congressman Otto which is now pending in the Senate. Passman of taking over $200,000 in bribes, This is the second in a series of publi· HON. ROBERT H. MICHEL and then to turn him into a witness against cations o{ selected letters from amon(l OF ILLINOIS a dozen other Congressmen. But Mr. Hey­ the large number I have received sinct= · IN THE HOUSE OF REPRESENTATIVES mann's Criminal Division-to the amaze­ we acted on this important and priorit~ ment of the District of Columbia judge­ legislative initiative. The many letters Wednesday, September 12, 1979 permitted the bribery charge to be t ied to . are most !auditory of this distinguished an income tax charge, which automatically e Mr. MICHEL. Mr. Speaker, New York enabled Mr. Passman to change the venue to body for its enthusiasm in passing H.R. Times columnist, Pulitzer-Prize winner, his home town in Louisiana. 4015. William Saft.re, recently listed the major As predicted here, Mr. Passman was The distinguished senior Senator from cases in which the performance of Chief promptly acquitted, and-thanks to the in­ California, the Honorable ALAN CRAN­ of Criminal Division of the Justice De­ eptitude of Mr. Heymann's "Public Integrity STON, who is chairman of the Veterans' partment, Philip Heymann, is something Division"-twelve bribetakers now sit safely Committee, tentatively has scheduled a less than laudatory. The cases are: The in Congress. hearing on H.R. 4015 and its companion Vesco bribe, the Lance case, Koreagate, 4. The Marston affair. When corrupt Con­ measure, S. 1523, by the Honorable the Marston affair, the Carter warehouse gressman Joshua Eilberg called President STROM THURMOND, for October 10 in Carter to demand that he fire the Reoublican money, and the Jordan cocaine case. prosecutor who was closing in on him, the Room 457 of the Russell Senate Office That is quite a list, Mr. Speaker and President told Justice to do just that. Mr. Building-this is a rescheduling o{ the should win for Mr. Heymann, the 1979 Heymann has suppressed the F .B.1. report hearing, from September 19. "Nobody's Perfect Award." on this suspected obstruction of justice. In­ Senator CR A. NSTON and Senator THUR­ At this time I wish to insert in the quiring Congressman Bob Walker (R.-Pa.) MOND are well known for their c'oncern RECORD, "Cover-Up Scorecard" by Wil- i$ told only that the President has been and commitment to the veteran, his September 12, 1979 EXTENSIONS OF REMARKS 24311 widow and orphan. Their concern for all search on aging. The aging of the veterans' We sincerely hope that your committee senior citizens also is widely known. As population presents a real and immediate will give this bill a high priority and a favor­ one who shares that deep concern and problem, and a responsibility that they can able report. Please let us know if you need to not escape. In contrast to the National In­ additional information of assistance. commitment, I am pleased commend stitutes of Health, the Veterans Administra­ Sincerely, both Senator CRANSTON for scheduling tion has clinical facilities and research lab­ ELMA L. GRIEBEL, this hearing and Senator THURMOND for oratories geographically located together. The Executive Director. introduciing this measure in the Senate. NIA is not in a position to do certain types To date, I have publisheq letters of of clinical investigation well, particularly the CHARLES RIVER HOSPITAL, support, endorsement and advocacy from development of new therapies for the arrest Wellesley, M~s., July 6, 1979. the Regular Veterans Association, Amer­ and prevention of senility. The time to do MARGARET M. HECKLER, ican College of Nursing Home Admini­ something about senility is now, in the VA's. One Washington Street, strators, the dean of the school of medi­ The VA's relations to academic institutions Wellesley, Mass. are unique. Academic institutions have not DEAR CONGRESSWOMAN HECKLER: Thank you cine at S.tanford University, the director developed the close relationships with com­ for forwarding the Oa.rter Hospital Cost Bill. of the division of geriatric medicine at munity long-term care institutions that Our financial administrator, Mr. Peter Melen­ George Washington University, and thJ exists with the VA. The existing GRECC's, cio, appreciates having the opportunity to American Legion. such as Palo Alto, Wadsworth, Seattle, Min­ review the contents. Today, I am publishing letters from a neapolis and Bedford, have each in their own Congratulations on your ac'hievement with disabled Vietnam veteran, the Veterans way made progress towards creating exciting the Veteran Senior Citizen Health Care Act of World War I, the chief of the section centers for research on aging. of 1979. As a mental health ca.re fac111ty, we on biomedical gerontology at Boston At times it has been an uphill battle. There are concerned with meeting the needs of University Medical Center, the National is no question but that the drive for GRECC's geriatric patients. It is encouraging to know within Central Office noticeably decreased that our legislators a.re also concerned. Citizens' Coalition for Nursing Home Re­ when Paul Haber moved upstairs. The pres­ Sincerely, form, the Charles River Hospital in ent program does not have strong leader­ JEANNE MARRINER, Wellesley, Mass., and the Veterans of ship. The major support has come from long­ Communications Coordinator. Foreign Wars of the United States. term care, and not from research services, Today's letters are as follows: who have been more concerned for the prin­ VETERANS OF FOR,EIGN WARS, F'RAZEYSBERG, OHIO, ciples of peer review than with the problem OF THE UNITED STATES, September 3, 1979. of recruiting and funding excellence within Washington, D.C., July 27, 1979. DEAR REPRESENTATIVE HECKLER: I am a dis­ the GRECC's. Hon. MARGARET M. HECKLER, abled Vietnam veteran and very concerned Central Office doesn't like this bill. It plays Committee on Veterans' Affairs, U.S. House with what takes place in Congress regarding havoc with their organizational charts. They of Representatives, Rayburn House Of­ veterans' affairs. say, "Just give us the money." If you do that, fice Building, Washington, D.C. I wish to congratulate and thank you for much of the money will just disappear into DEAR MARGARET: Thank you for your letter your efforts which saw passage in the House the conventional existing hospital programs, with respect to the "Veteran Senior Citi­ of your Veteran Senior Citizen Health Care which is what has happened to some degree zen Health Care Act of 1979" and enclosure Act of 1979. This is a great accomplishment already. Representative Heckler's bill makes there.to in the form of a supportive resolution on your part, and all those members who the VA accountable for doing something passed by the Disabled American Veterans at voted in favor are to be congratulated also. about aging and the aged. It provides a their recent national convention. This is a great tribute .to all of America's mechanism by which basic science groups, It pleases me to advise you thai1; during the veterans. such as my own, can bring our findings to BOth National Convention of the Veterans Thank you again. clinical testing without the obstacles posed of Foreign Wars of the United States, to be Sincerely yours, by NIH peer review, which does not feel the held in New Orleans, Louisiana, between Au­ WALTER E. DAVIS. same immediacy about aging and senility as gust 17 and 24, we will consider a resolution a problem. fully supportive of both your b111, H.R. 4015 VETERANS OF WORLD WAR I I would urge early hearings and support of and the companion bill, S. 1523 introduced OF THE U.S.A., INC. this legislation. - by the Honorable Strom Thurmond in the Alexandria, Va., June 19, 1979. Sincerely, United States Senate. Hon. MARGARET M. HECKLER, F . MAROTT SINEX, Ph. D. On behalf of our membership, and all vet­ Cannon House Office Building, erans, permit me .to express our appreciation Washington, D.C. NATIONAL CITIZENS' COALITION for your aggressiveness in shepherding DEAR CONGRESSWOMAN HECKLER: Thanks FOR NURSING HOME REFORM, through the House of Representatives this for your letter dated June 15th relative to Washington, D.C., June 19, 1979. urgently needed legislation. the passage of H.R. 4015 and in behalf of Senator ALAN CRANSTON. With best wishes and kind personal re­ all World War I veterans, I wish to express Senate Committee on Veterans Affairs, Senate gards, I am our sincere appreciation for your interest in Office Building, Washington, D.C. Sincerely, senior citizens which automatically includes DEAR SENATOR CRANSTON: We strongly sup­ DONALD H. SCHWAB, all World War I veterans. port H.R. 4015, the Veterans Senior Citizen Director, National Legislative Service.e We are most appreciative of your support Health Care Act of 1979, introduced in the for all benefits in behalf of World War I House of Representatives by Representative veterans and offer our services in any way Margaret Heckler, passed and referred to your possible to assist in the effort you have committee. The bill would give statutory au­ THE PROGRESS OF NEGOTIATIONS exerted in our behalf. thority and funding to the system of geriatric research centers under ·the Veterans' Admin­ FOR AN ACCEPTABLE LAW OF THE Personal regards and best wishes. SEA TREATY Sincerely, istration. FLOYD E. HENDERSON, In addition to improving care for the mil­ National Commander. lions of veterans who are now 65-or will soon be-H.R. 4015 would also encourage the HON. JOHN M. MURPHY OF NEW YORK BOSTON UNIVERSITY MEDICAL CENTER, development of medical school programs in Boston, Mass., July 5, 1979. geriatrics. It would stimulate research and IN THE HOUSE OF REPRESENTATIVES interest in a field which has been greatly Hon. ALLEN D. CRANSTON. Wednesday, September 12, 1979 Russell Senate Office Building, neglected in ithis country. While other devel­ Washington, D .C. oped countries such as Great Britain and 8 Mr. MURPHY of New York. Mr. DEAR SENATOR CRANSTON: I would like to Sweden have long provided such education Speaker, for a number of years the comment on the Geriatric Health Services for their doctors in training, the United United States has participated in the Act. This bill proposes to expand the Veterans States has lagged far behind; as a result, United Nations Conference on the Administration's role in geriatric research most schools do not have a single course in and training. It would increase the number geriatrics ·and only a few of these have actual Law of the Sea. While there are m;any of geriatric research and clinical centers from programs. Few dootors are prepared to deal important components to the draft 10 to 20 and establish the position of Assist­ with the ten percent of the population over treaty currently under discussion, per­ ant Chief Medical Director for Geriatric and 65 whose medical care takes nearly a third of haps the issue of utmost concern to all Extended Care to coordinate all VA geriatric the nation's health care dollars. Americans involves the regime to be research education and clinical operations. It The Coalition is a national, non-profit established for management of the min­ would reinstate the advisory group for membership organization, formed in 1975, to eral resources of the deep ocean seabed. GRECC's which has been allowed to lapse improve the long-

lsting dalms which exceed the liml ts per­ adverse precedential effects are more nu- G. Non-manganese nodule minerals mitted States Parties, yet it almost certainly merous. Revision 1 retains the moratorium on non­ would result in an expe.nsion of most claims I. DEEP SEABED PROVISIONS manganese minerals.169 It is difficult to see to the maximum allowed by the agreement. A. Transfer of technology 132 how this can be Justified, in light of the To think otherwise ls to ignore history. Mandatory transfer of ocean mining tech­ usefulness which those minerals are likely to The situation with respect to cl·aims would nology not only to the Enterprise, but also to prove to have.17° not be greatly different in the absence of the 1 developing countries remains. 58 Dispute set­ H. The system of governance treaty, as the negotiating texts on this issue tlement procedures for technology transfer are clearly regarded as normative by most of do include a reference to UNCITRAL Arbi­ The Council provisions are improved, inso­ the international community. Some addi­ tration Rules, which are considered fair, but far as each category from which members tional extensions of jurisdictlon beyond that the text provides that the Authority may is­ are to be selected by the Assembly for the · reflected in the texts, however, might result sue its own arbitration rules.15° The prospects various chambers is more carefully defined if the treaty did not enter into force and for an unfair, politicized procedure are, and is better circumscribed to reduce the pos­ were not widely ratified.153 sibilities of capricious action in the selection therefore, considerable. 1 1 With respect to international straits pas­ There ls a new obligation in the Revision, process. • However, the Soviet Bloc retains sage a.nd transit of archipelagos, absent a as well: an express guarantee of three seats on the Law of the Sea treaty, economic and military "In the event that the Enterprise is unable Council and the United States continues to imperatives probably would result in regtimes to obtain appropriate technology on fair and have no guarantee of partlcipation. 10 ~ The similar to those provided by the texts. The reasonable commercial terms and conditions Assembly remains the "supreme organ".m interests of naval powers in strategic mobil­ to commence in a timely manner the process­ I. Grandfather rights and security of tenure ity and of the world community in commer­ ing of the minerals it recovers from the Area, cial moyement probably would dictate the There are no grandfather rights in Revision 154 the States Parties which are engaged in activ­ 1. Security of tenure under the direct access result. ities in the Area or whose nationals who are The continental shelf regime is established side of the parallel system may have been 1 engaged in activities in the area, and other improved, but a detailed analysis of the many in the Continental Shelf Convention su and States Parties having access to such technol­ customary internatiorui.l law. The existence relevant and complex provisions in necessary ogy shall consult together and shall take ef­ to attain a respectable degree of confidence of a Law of the Sea treaty will not substan­ fective measures to ensure that such tech­ tially affect this regime, except possibly to on the point. It is at least clear that revoca­ nology ls made available to the Enterprise tion of authorizations to operate on that make the outer edge of the shelf more on fair and reasonable commercial terms uniform. side of the parallel system remain unpre­ and conditions." 100 It is clear from informal discussions among dictable.m There ls most certainly no secu­ This is clearly a potentially expensive obli­ rity of tenure for companies operating in all the States likely to engage in deep seabed gation on States Parties and suggests sub­ mining in the foreseeable future that with­ joint ventures with the Enterprise. stantial government intervention in the mar­ J. Discretion in the authority out a treaty, deep seabed mining would pro­ ketplace. The provision, which involves land­ ceed a.s a freedom of the high seas.100 Access based operations, goes far beyond what a Law Although discretion in the Authority to would be assured, yet a new international of the Sea treaty ought to encompass and deny all qualified applicants for mine sites bureaucracy, with all its likely expense, bias, most certainly establishes a very bad prece­ licenses to operate has been reduced, the re­ uncertainty, and adverse precedential impact dent. sult is still far from acceptable. The criteria would be avoided. Bilateral and multilateral Moreover, technology under the new text is for selection among qualified applicants con­ agreements among ocean mining States tinues to require highly discretionary deci­ would avert conflicts. Third World reaction now expressly defined to include know-how and training, as well as all other aspects of sions on .the part of the Authority. Among probably would be limited to political pro­ other serious problems, "equitable merit," a tests and legal Clhallenges. Physical inter­ technology. The transfer obligation now also extends to operation and malntenance.101 very vague concept, plays a role in the selec­ ference with mid-Pacific mining operations tion process.1•<> Rules and regulations which would be illegal and logistically impossible B. Production ceiling might be employed to define that criterion for all but blue-water vessels and inevitably The new text does not improve-the produc­ would, in the final analysis, require approval would bring a decisive response. tion ce111ng provlslon.102 A major U.S. effort of the one-nation one-vote Assembly.110 The V. CONCLUSION failed .to achieve, among othe.r things, a danger in this situation is self-evident. The Law of the Sea Conference is negotiat­ formula to guarantee continued seabed pro­ K. Balance in the dual access system ing a treaty which is likely to be unaccept­ duction even when the nickel market falls substantially. Moreover, the text now con­ Balance between the Enterorise and State able to the U.S. Senate. Assuming that the and private operators is not achieved in the current negotiating texts are largely reflec­ templates extension of the ce111ng beyond its initial term and the Enterprise now has an new text. Indeed, the problem ls aggravated. tive of the final outcome, access to deep ocean Not only does the Enterprise retain tax im­ minerals would not be assured for the United absolute priority over State and private operators, when the ce111ng forces a selection munity and its right to the technology of pri­ States. In addition, harmful precedents vate and State operators on a mandatory among them.1G:J This is clearly unacceptable, would be created by the deep seabed regime basis, but also, is provided under a new pro­ for a wide range of important existing and as it subverts the parallel access system by converting it to a clearly unitary system. vision a guaranteed right to 50 percent of anticipated international arrangements. initial capital from States Parties in the form Given the substantial problems of the treaty, C. Authority participation in commodity of long-term, interest-free loans. Debt guar­ it ls highly unlikely that such a regime could arrangements antees by States Parties (or, alternatively, be justified by the possible benefits which In the new text, the Authority retains its voluntary contributions) will be made availa­ the treaty would provide to the United power to represent in commodity arrange­ ble to the Enterprise in order to meet the States. The no-treaty a.Iternative would be ments not only Enterprise production, but balance of its initial capital requlrements.m tolerable with respect to nonseabed matters also State and private production.164 The text Of course, as noted above, the Enterprise not and preferable with respect to deep ocean ls not at all clear as to whether Authority only retains a guarantee to one-half of the mineral development. participation in ICA's could be blocked by mine sites, but also may compete for the bal­ If the U.S. Senate is to approve the treaty, the United States or other vitally affected ance and even has an absolute priority to the United States must reverse the trends of countries. mine sites when the ceiling on production is the deep seabed negotiations. U.S. conces­ D. Quota system approached. In sum, as a political matter, sions, however, may have led the Conference Revision 1 contains detailed antlmonopoly there is not a parallel system, but a unitary down a path from which there is no return. system of jolnt ventures with the Enterprise. That a reversal could be accomplished is, and antidensity provisions on the Russo­ French model.161! This reflects a major de­ There ls no assurance of direct access for therefore, doubtful. Nevertheless, this sub­ State and private enterprises. stantial doubt must be weighed against the terioration of the negotiating texts, insofar near certainty of Senate disapproval of the as the earlier text, merely contained a state­ Other seabed issues treaty if the Conference trends remain un­ ment that, "inclusion of a quota or anti­ The text presents numerous additional dif­ changed. monopoly provision appears to be acceptable ficulties. One in particular, however, deserves POSTSCRIPT in principle. . . ." 100 mention. Revision 1 makes it completely clear Following the completion of the galleys for E. Review conference that not only States parties to the treaty, but also, "peoples who have not attained full in­ this article, the spring 1979 meeting of the Revision 1 contained a provision for a Law of the Sea Conference produced Re­ dependence or other self-governing status" moratorium on nodule development 25 years are entitled to receive revenues from ocean vision 1 of the ICNT.157 The new text reflects 101 after the treaty enters into force. This, mining.us This includes funding of "national improvements in some respects, but also pre­ alone, makes the new text unacceptable. This sents additional serious problems and consol­ liberation movements," including terrorist provision is clearly in direct opposition to the organizations. It seems highly doubtful thBlt idates earlier deficiencies. position of the United States as forcefully Under the new text, access to deep ocean the Senate would agree to a treaty contain­ expressed at the last Geneva meeting. ing such a provision. minerals is not assured and adverse prece­ F. Revenue shq,ring dents are not eliminated. Indeed, access ls Il'.. NONSEABED ASPECTS OF THE TREATY even more uncertain in some respects and Revenue sharing provisions in the new serious deficiencies remain in the nonsea- text are still lnadequate.108 The contributions· bed provisions of the treaty, however, some Footnotes at end of article. remain far too high and excessively inflexible. September 12, 1979 EXTENSIONS OF REMARKS 24319 improvements were ma.de. Provisions relating a.mounts of copper also are contained in ginia) (hereinafter cited as 1978 Report, to protection of na.viga.tion and of other in­ ma.nganees nodules. Although copper is a Pt. 2).. terna.tiona.l community rights a.nd freedoms large income producer, copper from nodules ia ICNT, supra note 8, art, 18~. Annex m, are improved in relation to the exercise by would not be vital to national security. Id. para.. 11 ( e) . coastal States of continental Shelf rights.m at 30. 19 Id. Annex II, para. 4(J)(i); see also The exercises of economic zone rights, how­ 3 H.R. REP. No. 588, PT. 1, 95th Cong., 1st Oceanography Miscellaneous-Pt. 2: Hear­ ever, remain substantial threats to commu­ Sess. 17-18 (1977) (hereinafter cited as ings on the Law of the Sea Conference Brief­ nity interests.1so HOUSE REPORT). ings Before the Subcomm. on Oceanography The very poor regime for scientific research 'NODULES, supra note 2, at 51-53. of the House Comm. on Merchant Marine and in the economic zone was not changed, de­ s s. REP. No. 1125, 95th Cong., 2d Sess. 33 Fisheries, 95th Cong., 1st & 2nd Sess. 88 spite a. major effort by the United States to ( 1978) [hereinafter cited as SENATE REPORT). (1977-1978) (here"lnaf.ter cited as 1978-1979 obtain even marginally significant improve­ 6 NODULES, supra note 2, at 48--49. Hearings) (answers to questions of Mr. ments.m The subject does remain open, 7 Id. at 47. Breaux by Elliot L. Richardson). however. • 8 The International Sea-Bed Authority 2owNT, supra note 8, art 150(1) (g) (C); Dispute settlement procedures are not sub­ would be the international organization Alternative Texts, supra note 11, a.rt. 150bis stantially improved, except the text does in­ through which States that a.re parties to the (3). clude compulsory conciliation for fishery dis­ Law of the Sea Treaty would administer deep ~1 See 1977-78 Hearings, supra note 19, at putes relating to the economic zone.182 Nec­ seabed mining. Informal Composite Negoti­ 109, 124, 131-50. essary improvements relating to settlement of ating Text a.rt. 155 ( 1) , 8 omcial Records of 22 Id. at 71, 72, 109, 132. other types of disputes, including those aris­ the Third United Nations Conference on the 2a Id. a.t 134. ing out of marine scientific research in the Law of the Sea, U.N. Doc. A/CONF.62/WP.10 ~' ICA's are multilateral treaties affecting economic zone, were not achieved.183 (1977) [hereinafter cited as ICNT]. The quantities and prices of commodities moving Flag-State preemption remains in the pol­ ICNT is an informal negotiating tex~ with­ in international trade. See generally A. LAW, lution text.m Significant improvements out status as an agreed draft treaty. Explana­ INTERNATIONAL COMMODITY AGREEMENTS sought by the United States in other environ­ tory Memorandum by the President of the (1975). mental provisions, however, were a.chleved.185 Conference, 8 omcial Records of the Third ~5 1977-78 Hearings, supra note 19, a.t 132. CONCLUSION TO POSTSCRIPT Conference on the Law of the Sea 65, U.N. 20 Id. Doc. A/CONF.62/WP.10/Add.1 (1977). This ~1 Id. Additionally, the Third World ha.s There are some improvements to the and similar Conference documents do not been pressing for increased control over ICNT refiected in Revision 1. However, on represent principles of existing law. See, e.g., global radio frequency allocation and inter­ balance, the prospects for Senate approval of Fisheries Juriscliction (United Kingdom v. national dissemination of news. Walsh, En­ the treaty a.re only marginally improved, if Iceland), (1974) I.C.J. 3, 23-24; Fisheries counters with the Third World Seen in Allo­ they are improved at a.II. This is a result of Jurisdiction (Federal Republic of Germany v. cating Frequencies, 201 SCIENCE 513 (1978). inclusion in the Revision of some substan­ Iceland), (1974) I.C.J. 175, 192. ~81977-87 Hearings, supra note 19, a.t 134. tially worse provisions than appeared in the 9 The Council and Assembly, the primary 9 ICNT and the failure to achieve important ~ Id. at 122-14. components of the system of governance, are :io Remarks by Secretary of State Henry A. improvements to certain crucial provisions provided for in ICNT, supra note 8, arts. 156- of the texts. The trends of the negotiations Kissinger after meeting Amba.ssa.dor Hamil­ 161. ton Shirley Amerasinghe, President of the continue to suggest that the Senate is un­ 1 0 The general provisions relating to the Fifth Session of the Third U .N. Conference on likely rto be presented with a treaty which Enterprise a.re contained in ICNT, supra note would be acceptable to it, if a. treaty is con­ the Law of the Sea., a.t the United Nations, 8, art. 169 and Annex II. New York, New York (Sept. 1, 1976). cluded at all. As a result of Group of 77 11 ICNT, supra note 8, arts. 144, 150, 151 (8), pressure to end the negotiations rapidly. the 31 U.S. Dep't of State, omce of the La.w of 169(4), 173(3), 184, Annex II, para. 4, Annex the Sea Negotiations, U.S. Delegation Report, time to achieve accommodations essential to III, paras. 10, 11 (c). Following the 1978 Senate approval is fast running out. Seventh Session of the Third United Nations Geneva Session of the Conference, alternative Conference on the Law of the Sea, Geneva, FOOTNOTES negotiating texts were produced. Revised Mar. 20-May 19, 1978, a.t 12 (1978) (copy on •Member of the U.S. House of Representa­ Suggested Compromise Formula by the file at the Center for Oceans La.wand Policy, tives (Democrat-Louisiana). Chairman of Negotiating Group 1, U.N. Doc. Charlottesville, Virginia) [hereinaf.ter cited 1 The Third United Nations Conference on A/CONF.62/NG.1/10/Rev.1 (1978) [herein­ as 1978 Report, Ft. l). the Law of the Sea was convened in 1973, after cited as Alternative Texts), reprinted in a~ See United Nations Conference on Trade pursuant to G.A. Res. 2750, 25 U.N. GAOR, 2 STIFTUNG WISSENSCHAFT UND POLITIK, and Development, Report of the Intergovern­ Supp. (No. 2'8) 25, U.N. Doc. A/8028 (1971). FORSCHUNGSINSTITUT FUR INTERNATIONALE mental Group of Experts on an International The Conference followed almost six years POLITIK UND SICHERHEIT, DOKUMENTE DER Code of Conduct on Transfer of Technology of disucssions in the Plenary and First Com­ DRITTEN SEERECHTSKONFERENZ DER VEREINTEN on Lts Fifth Session, Annex I, U.N. Doc. TD/ mittees of the U.N. General Assembly, in the NATIONEN-GENER SESSION 1978, at 704 AC.1/15 (1978) [hereinafter cited a.s Code]. Ad Hoc Committee to Study the Peaceful (1978). The Alternative Texts show progress 331977-78 Hearings, supra note 19, at 60, Uses of the Sea-Bed and the Ocean Floor Be­ toward consensus, but do not prejudice the 126. yond .the Limits of National Jurisdiction particular positions of any delegation. These 31 Id. a.t 57, 60-62, 125. (established by G.A . . Res. 234-0, 22 U.N. provisions, like those of the ICNT, a.re merely 3s 1d. at 61, 88, 89, 124; see also Law of the GAOR, Supp. (No. 16) 14, U.N. Doc. A/6716 a basis for further negotiations. The alterna­ Sea: Hearings on Review of the Seventh Ses­ (1967)), and in the standing Committee on tive Texts provisions pertinent to the issues sion of the United Nations Law of the Sea the Peaceful Uses of the Sea-Bed and the at hand are arts. 144, 150, a.nd Annex II, para. Conference Before the Subcomm. on Arms Ocean Floor Beyond the Limits of National 4. Control, Oceans and International Environ­ Jurisdiction (established by G.A. Res. 2467, 12 ICNT, supra note 8, a.rts. 144, 151 (8) An­ ment of the Senate Comm. on Foreign Rela­ 23 U.N. GAOR, Supp. (No. 18) 15, U.N. Doc. nex III, para. 4; Alternative Texts, supra note tions, 95th Cong., 2d Sess. 70 (1978) A/7218 (1968)). The two committees dealt 11, arts. 144, 150, Annex II, paras. 4. 5. 13 [hereinafter cited a.s 1978 Hearings) (State primarily with the deep seabed issue. See Re­ ICNT, supra note 8, art. 150 (1) (g) (B); Department answers to additional questions port of the Ad Hoc Committee to Study the Alternative Texts, supra note 11, art, 150 bis submitted by Senator Percy). Peaceful Uses of the Sea.-Bed and the Ocean (2). 36 See ICNT, supra note 8, Annex III, para. Floor Beyond the Limi.ts of National Juris­ a ICNT, supra note 8, art, 150(1) (g) (A); 5 ( j) ; HOUSE REPORT. supra note 3, at 20. diction, 23 U.N. GAOR (Agenda Item 26), Altel"Ila.tive Texts, supra note 11, a.rt, 150 bis 37 1977-78 Hearings, supra note 19, a.t 113, U.N. Doc. A/7230 (1968); Reports of the Com­ (1). 134. 15 supra mittee on the Peaceful Uses of the Sea-Bed ICNT, note 8, Annex II, para. 5(1). 3s The "Group of 77" is a. coal\.tion of over and the Ocean Floor Beyond the Limits of 16 ICNT, supra note 8, art. 153(6); Alter­ 100 developing countries which ha.ve banded National Jurisdiction, 24 U.N. GAOR, Supp. native Texts, supra note 11, art. 153(6). together to pursue their common interests (No. 22)' U.N. Doc. A/7622 (1969); 25 U.N. 17 ICNT, supra note 8, a.rts. 169(4), 173, within the U.N. system. Adede, The System GAOR, supp. (No. 21), U.N. Doc. A/8021 Annex II, para. 7, Annex III, para.. 10; Alter­ for Exploitation of the "Common Heritage of (1970); 26 U.N. GAOR, Supp. (No. 21), U.N. native Texts, supra note 11, paras. 140, 150, Mankind" at the Caracas Conference, 69 AM. Doc. A/8421 (1971); 27 U.N. GAOR, Supp. 172, Annex II, para. 7, Annex III, para. 10, J. INT'L L. 31, 37 n.13 (1975); see also Nyhart, (No. 21), U.N. Doc. A/8721 (1972); 28 U.N. Annex II, pa.ra. 7 was renegotiated in the The Interplay of Law and Technology in Deep GAOR, Supp. (No. 21), U.N. Doc. A/9021 1978 New York Session a.nd that text pro­ Seabed Mining Issues, 15 VA. J. INT'L L. 827, (1973). The Law of the Sea Conference, how­ vides a detailed framework for revenue shar­ 833-36 ( 1975). ever, has dealt with virtually the entire range ing and specifies the a.mount of the contri­ oo Code, supra note 32, preamble, art. 2. See generally of ocean issues. omcial Records butions. U.S. Dep't of State Omce of the Law 40 Id. preamble, a.rt. 4. of the Third United Nations Conference on of the Sea Negotiations, U.S. Delegation Re­ 41 Id. preamble, art. 13. the Law of the Sea. port, Resumed Seventh Session of the Third ·~Code, supra note 32, at 7 nn.f & g; see 2 See CONGRESSIONAL RESEARCH SERVICE, United Nations Conference on the Law of the also 1977-78 Hearings, supra note 19, a.t 113. 94TH CONG., 2D SESS., OCEAN MANGANESE Sea., New York, Aug. 21-Sept. 15, 1978, at 12, •a The development and sale of sea.bed min­ MODULES 48--53 (Comm. Print 1976) (here­ 13 (1978) (copy on file at the Center for ing technology alone accounts for many mil­ inafter cited as NODULES]. Significant Oceans Law and Policy, Charlottesville, Vir- lions of dollars. See J. Nyha.rt, ·cost Model of CXXV--1530--Part 18 24320 EXTENSIONS OF REMARKS September 12, 1979 Deep Ocean Mining and Associated Regula­ Mr. Santini: ... does tlhe United States the Subsoil thereof, Beyond the Limits of tory Issues (Massachusetts Institute of Tech­ . . oppose any form of national quota for National Jurisdiction, G .A. Res. 2749, 25 U.N. nology Sea Grant Report, 78-4, Mar. 1978). ocean mining contracts? Ambassador Rich­ GAOR, Supp. (No. 28) 24, U.N. Doc. A/8028 H 1977-78 Hearings, supra note 19, at 134. ardson: An accurate answer to that is that (1971) . That resolution provided the frame­ ,, 1978 Report Ft. l, supra note 31, at 13-14; we have disoussed with a very small number work for the seabed mining regime. 1977-78 Hearings, supra note 19, at 145; U.S. or countries the question of a possible ia.p­ 84 In 1976 the United States agreed to pro­ Dep't of State, Office of the Law of the Sea plication of a quota. We hta.ve not come close vide financial contributions to the Enter­ Negotiations, U.S. Delegation Report, Sixth to agreement on such question, lbut it is a prise. Remarks of Secretary of State Henry A. Session of the Third United Nations Confer­ matter OIIl which some countries are strongly Kissinger after meeting Ambassador Hamil­ ence on the Law ·of the Sea, at 9-10 (1978) insistent. It is hard at this stage to foresee ton Shirley Amerasinghe, President of the (copy on file at the Center for Oceans Law exactly what the result might be. Mr. San­ Fifth Session of the Third U.N. Conference and Policy, Charlottesvllle, Virginia) [here­ tini: And if I may summarize your answer, on the Law of the Sea, at the United Nations, the United States does not have any position inafter cited as 1977 Report]. New York, New York (Sept. 1, 1976). with regard to a quota? 85 See e.g., 1 Official Records of the Third •o See U.S. Proposed Amendments to the Ambassador Richardson: :Our basic posi­ Committee I Single Negotiating Text, art. 9 United Nations Conference on the Law of the tion is that we a.re opposed to a quot.a. Sea, U.N. Doc. 157 (1975) (statement by Mr. (as amended)' Dec. 1975. 1977-78 Hearings,, supra note 19, at 80. 47 1977-78 Hearings, supra note 19, at 145. Bakula of Peru) . Most recently, the following answers to 86 See 1978 Report, Pt. 1, supra note 31, at 48 Id. at 103, 145. In addition, seabed mining written questions were provided for the rec­ would have been entitled to 100 % of the 16-19; 1978 Report, Pt. 2, supra note 17, at ord by Ambassador Richardson: 9-14. growth segment. The U.S. has made no statement in any 87 The records of-the early debates in the 49 Past growth would be projected to fix the offioial forum of the Conrference which would ceiling. Id. at 56-57, 116; see also Statement indlcate it accepts :a quota/anti-monopoly U.N. General Assembly reveal that the wealth Made in NG-1 by the Representative of the provision in principle. We have indicated pri­ to be derived from development of the deep United States [hereinafter cited as NG-1 vately when asked thia.t no proV'ision that seabed was widely regarded as practically Statement]. reprinted in 2 STIFTUNG WISSEN­ would result in discrimill!ation against limitless. It is now clear that the returns SCHAFT UND POLITIK, FORSCHUNGSINSTITUT FUR American firms could be seri01Usly considered. from ocean mining will be very modest at INTERNATIONALE POLITIK UND SICHERHEIT, best. See J. Nyhardt, supra note 43. ... We believe that this is an issue on which 88 DOKUMENTE DER DRITTEN SEERECHTSKON­ we have very little flexibility. 1978 Report, Pt. 2, supra note 17, at 13-14. 89 FERENZ DER VEREINTEN NATIONEN-NEW Id. at 89. Id. at 13. 90 YORKER SESSION 1978, at 235, 237 (1978) oo E5timates orf the number of prime mine This is a function of the philosophy that [hereinafter cited as SWP-NEw YORKER SES­ sites V'.ary from less than 100 to over 300. payments to the Authority will be the maxi­ SION]. Ninety-one percent of the growth seg­ See, e.g., 1978 Report, Pt.II, supra note 17, a.t mum possible ~or the benefit of developing ment would be available to ocean mining a.t 7. The relevant mineral requirements of the countries, with returns to the operators be­ the outset, to decline to sixty-five percent by United States wm lbe substantial and wm ing the minimum necessary for investment the end of the interim period. continue to grow in the tforeseeable future. purposes. 01 50 1977-78 Hearings, supra note 19, at 112. NODULES, supra note 2, at 42. This line of argument has surfaced large­ 61 Id. at 95. 70 1977-78 Hearings, supra note 20, at 57, ly in corridor conversations at the United 6ll ICNT, supra note 8, art. 150; Altenmtive 90. The forecast of a 4.5 percent growth rate Nations. Nonetheless, and perhaps for that Texts, supra note 8, art. 150. could be optimistic. Id. at 95. very reason, the linkage between the deep 71 G3 See 1977-78 Hearings, supra note 19, a.t Id. at 90. seabed regime and the future international 112-13. 72 Id. at 95. treatment of Antarctic resources should be 6' The United States is a. party to the ICA's 13 Furthermore, if a quota only allows a. few regarded as a. difficulty demanding serious for tin and coffee. The tin agreement imposes sites to be authorized, many potential in­ reflection. export controls on net exporters of that com­ vestors may be be deterred because the u2 ICNT supra note 8, art. 150(1) (g) (C); modity and establishes 'a. buffer stock. Be­ chances of obtaining authorization to mine Alternative Texts, supra note 11, a.rt. 150 bis oause the United states is not a net exporter, are too slim. The estimate of 12 U.S. sites (3). U.S. production is unaffected by the controls. in the absence of a quota is conservative. 03 1978 Report, Pt. 1, supra note 31, at 5. The coffee agreement also establishes export The industry has suggested that 20 sites °' 1977-78 Hearings, supra note 19, at 132; oontTols on net exporters, which do not affect could be anticipated. Kennecott Copper Cor­ 1 Official Records of the Third United Na­ the United States because it is not a net poration, Sunken Treasure, the promise of tions Conference on the Law of the Sea 70, exporter. ocean mining-the perils of delay (Sept. 73, 76, 82-84, 94-96, 157, 167 (1975). The United States is not a party t.o the 1977) (unpublished) . 05 Redistribution means something very dif­ coooa agreement, refusing to join because 74 1978 Hearings, supra note 35, at 37, 38. ferent for the developed countries. Helen B. the quota for exports was too restrictive and ;:; See U.S. DEP'T OF COMMERCE, NICKEL, Junz, Deputy Assistant Secretary of the the established price too high. COBALT, COPPER, AND MANGANESE: FuTURE Treasury for Commodities and Natural Re­ A sugar agreement has been negotiated, SUPPLIES AND DEMAND AND IMPLICATIONS FOR sources has stated: "Our policy is to separate but is not in force. Here a.gain, direct export SEABED MINING, tables 3-7 and 3-9 (unpub­ and reject the category of measures desig­ controls ·a.re t.o apply to net exporters, includ­ lished). nated to effect income transfers through ing the United States. Both wheat and ooppeir 76 Remarks of Secretary of State Henry A. commodity arrangements and to look posi­ ICA's are under negotiation. They possibly Kissinger at a. reception at the United States ti'vely, but discriminatingly, at proposals would limit net expol'lters, but would not af­ Mission for the Heads of Delegations attend­ aimed at greater price stability. We believe fect U.S. production. ing the Fifth Session of the Third U.N. Con­ that income transfers should be effected &5 1977-78 Hearings, supra. note 19, at 112. ference on the Law of the Sea, New York, New through development aid." 'Statement by G6 See text at notes 38-43 supra. York, Sept. 1, 1976. Helen B. Junz before the Subcomm. on For­ 51 1977-78 Hearings, supra note 19, at 113. 77 ICNT, supra note 8, art. 153; Alterna­ eign Economic Policy of the Senate Comm. 68 ICNT, supra note 8, art. 150(1) (g) (A) re- tive Texts, supra note 11, art. 153. on Foreign Relations, Feb. 27, 1978, a.t 11 flects the developing countries' position. (mimeo). 78 59 1978 Report, Pt. 1, supra note 31, at 13. ICNT, supra note 8, art. 153(6). 00 ICNT, supra note 8, art. 157. 6°Cobalt ls the possible exception. For a. 70 Alternative Texts, supra note 11, art. 97 Id. art. 159. detailed discussion, see NODULES, supra note 153(6). 08 Id. arts. 157(6), 159(7). 2, at 41-56. 80 "The U.S. voiced strong reservations on 119 Id. art.159(1). 61 Id. at 50-51. this provision and noted that it could not JOO Id. 62 See ICNT, supra note 8, para. 150(1) (g) agree to the possible termination of its right io1Id. arts.160(1), 159(1). (A), reflectfng the Group of 77 position. of access to seabed minerals just at the time 102 Id. arts. 158(7) (XVI)' 160(2) (XIV). There is no express provision for a State to the need for them may become acute." 1978 103 Id. art. 160(2) (X). block Authority participation; hOIWever, there Report, Pt. 1, supra note 31, a.t 15. 104 This is largely a function of the non­ ls a.n am.blguous provision which arguably s1 This may not always have been perceived may imply such jpower. reviewability of the wide disc·retion allowed a by the U.S. delegation. 1977-78 Hearings, 63 the Authority. See id. art. 191. 1977-78 Hearings, supra note 1'9, at 112. supra note 19, at 78, 90. 64 Id. ·at 80, 00, 95. lou 1977-78 Hearings, supra note 19, at 148- 82 See text at note 5 supra. 65 Id. 49 (statement of Richard Darman, Harvard 00 See rcNT, supra note 8, Annex II, para. 83 As early as 1970 the United States for­ University). mally accepted revenue sharing. Draft United 5(1), which reflects the Third Wor'ld position. 100 Id. at 147. 67 1978 Report, Ft. 2, supra note 17, at 8, Nations Convention on the International lllustmtes the position long held 'by the Sea-Bed Area.: working pa.per submitted by 107 Id. at 132. 1 8 United States that "it could not accept any the United States of America, art. 5 (2), U.N. 0 See, e.g., Title II of the Deep Seabed provision whloh would deny a oontract to an Doc. A/AC.138/25 (1970), ·reprinted in 25 Hard Mineral Resources Act, as passed by the America-n citizen on the b.asis of his na­ U.N. GAOR, Supp. (No. 21) 130, 133, U.N. House of Representatives on July 26, 1978. tionality." Doc. A/8021 (1970). "Equitable sharing of . H.R. 3350, 95th Cong., 2d Sess., 124 CONG. ~In hearings before the House Subcommit­ benefits" from deep ocean mining was a key REC. H7341 (daily ed. July 26, 1978) . tee on Oceanography, the following exchange element of the Declaration of Principles Gov­ 100 See Statement Declaring the Position of took place: erning the Seabed and the Ocean Floor, and the Group of 77 on Unilateral Legislation September 12, 1979 EXTENSIONS OF REMARKS 24321

Affecting the Resources of the Deep Seabed, zone in the Yellow Sea, where delimitation 1es 1d., Annex II, art. 12. 2 SWP-NEW YORKER SESSION, supra note 49, limits the geographical scope of the claim 169 ICNT Rev. 1, supra note 157, para. 3. at 275 (Ambassador Nandan, Chairman). generally to 50 miles. 110 See discussion, supra. Ambassador Nandan stated: "The Group 13s ICNT, supra note 8, arts. 56, 58; 1977-78 111 ICNT Rev. 1, supra note 157, art. 161. cannot be expected to alter its long-standing Hearings supra note 19, at 197-98. 112 Id. and well-stated position rejecting the recog­ m ICNT, supra note 8, arts. 56, 239-78; 173 Id., art. 160, para. 1. nition of acquired rights. We cannot be ex­ 1978 Report, Pt. 1, supra note 31, at 34-35; 174 Id., Annex II, art. 17. pected to give a cloak of legality to what is 1978 Report, Pt. 2, supra note 17, at 23-24. 175 Id., art. 7, para. 3. illegal ab initio [sic]." Id. See also 2 SWP­ 140 See note 136 supra; see, e.g., ICNT, supra lrn Id., art. 160, para. 2 (n). NEW YORKER SESSION, supra note 49, at note 8, arts. 191, 296-97. 177 Id., Annex II, art. 10, para. 2(c). 279-80. m ICNT, supra note 8, art. 229; Alternative 178 Id., art. 160, para. 2(h). 110 Their position is dictated by the fact Texts, supra note 11, at 93-94; 1978 Report, m Id., art. 78, para. 2. that an investment of approximately one Pt. 2, supra note 17, at 21-22. 180 Id., arts. 56, 58. 81 billion dollars is required for each operation. u:i Communication is affected silnilarly. See 1 Id., Part XIII, Section 3. See A. Lane, Managing National Ocean Re­ 1977-78 Hearings, supra note 19, at 197-98. lS!l Id., art. 296, para, 3. sources, Third Annual Seminar on United 143Id. 183 Id., art. 296, para. 2. 184 States Ocean Policy 12 (Jan. 7-10, 1979) (un­ lu ICNT, supra note 8, arts. 56, 239-78. Id., art. 228. published). 145 See, e.g., id. arts. 247, 249, 250. 185 Id., Part XII.e 111 ICNT, supra note 8, arts. 150, 151, 158, 140 In recent Conference sessions, the U.S. 160, Annex II. delegwtion has undertaken substantially in­ 112 Id. creased efforts to maximize protection of the FINANCIAL REPORT OF THE CON­ 1 3 ! 1977 Report, supra note 45, at 8. marine environment in the treaty. See 1978 GRESSIONAL STEEL CAUCUS: 11-1 Subscriptions will be on the U.N. scale. Report, Pt. 1, supra note 31, a.t 32-34. Consequently, the United States will provide m Krueger & Nordquist, 200-Mile Zones; QUARTERLY STATEMENT OF EX­ approximately 25 % of the fundings. State Practice in Norith America, East Asia PENSES AND FUND BALANCE rn This position is reflected in the ICNT, and Oceana App. A (n.d.) (unpublished). As STATEMENT FOR PERIOD END­ supra note 8, art. 184, Annex III, para. 11 ( e) . of December l, 1978, six non-indepndent ter­ ING JUNE 30, 1979 116 1977-78 Hearings, s-upra note 19, at 88, ritories also had 200-mile zones. Id. See also 128. The Ulnited States main concern is as­ Geographer, National Maritime Claims suring that each side of the parallel system (Nov. 7, 1978) (unpublished). HON. BARBARA A. M'f KULSKI has equivalent burdens. us Nossaman, Krueger & Marsh, (n.d.) OF MARYLAND 117 ICNT, supra note 8, a.rt. 184, Annex m, (unpublished). · para. 11 ( e). uo 2 NEW DIRECTIONS IN THE LAW OF THE SEA IN '.J'HE HOUSE OF REPRESENTATIVES 118 I.R.C. § ll(b), (c) . 873-74 (Lay, Churchill, Nordquist, eds. 1973). Wednesday, September 12, 1979 110 1977~78 Hearings, supra note 19, at 128. wo Nossa.man, Krueger & Marsh, supra note O Ms. MIKULSKI. Mr. Speaker, in ac­ L."O This is a funotion of the reaJity that 148. a forced saJe rarely results in the selle.r re­ 1512 NEW DIRECTIONS IN THE LAW OF THE cordance with executive committee order ceivLng full commercial vaJue. There is no SEA, supra note 149, wt 873-74. No. 1, I am respectfully submitting here­ reaJ. negotiation unde.r the contemplated sys­ 152 Id. with the quarterly financial report of tem. Id. at 93. This problem is compounded lG3 The exercise of community rights would the Congressional Steel Caucus for in­ because the Group of 77 supports a highly suffer more in that case, but probably only to sertion into the RECORD. The report is as politiDouglas Applegate, John OF THE SEAS No. 36, at 153 (3d rev. 1975); m ICNT Rev. l, supra note 157, art. 151, Ashbrook, Eugene Atkinson, Donald Bailey, LmRARY OF CONGRESS, SECURITY ZONE CLAIMS para. 1. Adam Benjamin, Jr., Tom Bevill, Clarence BY VAR!OUS NATIONS, citing FOREIGN BROAD­ 165 Id., Annex II, art. 6, para. (d). Brown, George Brown, John Buchanan, John CAST INFORMATION SERVICE, DAILY REPORT, loo ICNT, supra note 8, Annex II, para 5(1). Cavanaugh, Don Clausen, William Clay, Wil­ ASIA AND PACIFIC 06 (Aug. 1, 1977). The 200- 101 ICNT Rev. 1, supra note 157, art. 155, liam Clinger, E. Thomas Coleman, Lawrence mile claim, in fact, relates to the economic para. 6. Coughlin, w. c. "Dan" Daniel. 24322 EXTENSIONS OF REMARKS September 12, 1979 Robert Davis, John Dingell, Robert Dun­ every Tuesday, Wednesday, and Thurs­ August 1979 edition of the American can, Robert Edgar, Allen Ertel, Dave Evans, day will be free of such conflicts. Association of Retired Persons News Vic Fazio, Floyd Fithian, Daniel Flood, Wil­ House Resolution 404 would change the Bulletin which stated that at long last liam Ford, L. H. Fountain, Joseph Gaydos, Robert Giaimo, Benjamin Gilman, William rules of the House in such a way as to courses in geriatric medicine will be Goodling, Tennyson Guyer, Sam Hall, Jr., establish a two-track system for business offered at almost all American medical James Hanley, Elwood Hillis, Kenneth Hol­ meetings, reporting, and markups for schools. land. most committees and subcommittees. I have had a longstanding interest in Richard !chord, John Jenrette, James These rules changes would allow all com­ this matter and in the last Congress Jones, Tom Kindness, Ray Kogovsek, Peter mittees and subcommittees to meet at conducted a hearing of my Subcommit­ Kostmayer, Raymond Lederer, Gary Lee, Jim any time for the purposes of taking testi­ tee on Human Services to investigate Lloyd, Clarence Long, Thomas Luken, Stan­ mony and receiving evidence. ley Lundine, Robert McClory, Joseph Mc­ why American medical and nursing Dade, Robert McEwen, Gunn McKay, Marc The proposal is based on a division of schools were ignoring this important Marks. committees into three categories, A, B, area of medicine. We learned that less Dan Marriott, James Martin, Dawson and X. The X committees include Ap­ than half of all American medical schools Mathis, Robert Michel, Barbara Mikulski, propriations, Budget, Rules, Ways and offered courses in geriatric medicine Clarence Mlller, John Mitchell, Robert Mol­ Means, and all ad hoc, joint, and select while an even lower percentage of nurs­ lohan, G. V. Montgomery, William Moorhead, committees, all of which could be free ing schools offered courses. Further the Ronald Mottl, Austin Murphy, John Murphy, to meet at any time. Group A committees United States only has one chair of Morgan Murphy, John Murtha, Michael Myers, Wlllia.m Natcher, Bill Nichols, Rich­ could meet for markups, and so forth on geriatric medicine compared with two ard Nolan, Henry Nowak. Monday, Tuesday, Wednesday morning, in Sweden and 10 in Great Britain. Mary Rose Oa.kar, James Oberstar, George and Friday. Group B committees could The older population is our fastest O'Brien, Thomas P. O'Nelll, Edward Patten, meet for these purposes on Monday, growing. Already in this decade the per­ Donald Pease, Carl Perkins, Melvin Price, Wednesday afternoon, Thursday, and centage of persons over 60 has jumped Carl Pursell, James Qulllen, Nick Joe Rahall, Friday. All committees could hold hear­ by some 17 percent. They consume al­ Ralph Regula., Don Ritter, Robert Roe, Dan ings ·at any time. Even with th~s limita­ most one-third of the health care dol­ Rostenkowski, Martin Russo, Richard tion there would be more meeting times lar, but oftentimes only because of this Schulze. available in a Congress than were used Nation's reliance on treating people when John Seiberling, Richard Shelby, Bud in the 95th Congress by those commit­ they are sick instead of preventing ill­ Shuster, Paul Simon, John Slack, J. William Stanton, Louis Stokes, Samuel Stratton, tees which had the largest number of nesses. Gene Taylor, Morris Udall, Bruce Vento, meetings. I am encouraged by this news and hope Douglas Walgren, Robert Walker, Richard The A committees reflect those com­ that with all American medical schools White, Lyle Will1a.ms, Charles Wilson, Gus mittees identified in Democratic caucus offering courses in geriatric medicine Yatron, Clement Zablocki,·Leo Zeferetti.e rules as major and the B committees, that we will see a healthier America in those identified as nonmajor. Within the years ahead. I now insert the article: each category, there is a minimal num­ NEEDS DISCUSSED AT A:ARP CONFERENCE---.MOST ber of duplicating memberships, since MEDICAL SCHOOLS WILL OFFER GERIATRICS HOUSE RESOLUTION 404 each category reflects the committee as­ Virtually all of the 120 medical schools in signment practices of the two parties. the United States wm be offering some type Computer modeling showed that no other of program in geriatrics this year, a profes­ HON. JERRY M. PATTERSON division of the committees under a two­ sor at the University of Washington's School OF CALIFORNIA track system could reduce conflicts of Medicine said at a recent three-day confer­ IN THE HOUSE OF REPRESENTATIVES ence on "Geriatric Medicine-Tomorrow's nearly so effectively. Practice Today" sponsored by NRTA and Wednesday, September 12, 1979 The rema.ining provisions of the reso­ AARP. e Mr. PATTERSON. Mr. Speaker, I am lution require committees to use the Dr. Carl Elsdorfer, professor and chairman computer schedulng service of the House of the Department of Psychiatry and Beha­ today introducing a resolution, House vioral Sciences at the University of Washing­ Resolution 404, aimed at eliminating Information Systems and prevent sub­ ton, made his remarks during a press briefing many of the confticts that all Members committees from meeting while their at the meeting, which attracted nearly 400 have in committee scheduling. Just full committee is meeting unless the full department heads from the nation's medical before the August recess, this resolution committee chairman specifically author­ schools and teaching hospitals. was unanimously reported by the Select izes an exception. Where less than a dozen medical schools An identical resolution, House Reso­ offered courses in aging just 15 years a.go Committee on Committees. Eisdorfer predicted that most will offer some. Every day, many of us are scheduled lution 405, has 33 cosponsors, including introductory instruction by the end of 1979. for the impossible task of being in two or a large number of full committee chair­ While these represent only the beginning ot more committee or subcommittee meet­ men. These cosponsors, along with every what needs to be done in geriatric medical ings at the same time. These conflicts member of the select committee, recog­ education, they a.re a promising start stem­ require that we decide to attend one nizes that this proposal represents a ming from growing public awareness of the meeting and not another and thereby smaJI, incremental approach to needed­ special medical needs of older people. and feasible-reform. It reflects the facts In a keynote address, Dr. Paul B. Beeson of contribute less than we want to to the the Veterans Administration, sald he did not work of one or the other committee or of committee operations as detailed in believe specialists in geriatrics are needed in subcommittee. Another result is that the massive data base compiled during general practice ·but a.re in demand for re­ meetings tend to start late, because the 94th and 95th Congresses by the search and teaching. He said enough spe­ quorums ~not be obtained at the hour former Select Committee on Congres­ cialists to train doctors may not be ava.llable the meeting is scheduled. This problem, sional Operations chaired by my col­ for several years. league from Texas licltly, when they move into a new area, usually It, regrettably, ls private school. When pub- 24324 EXTENSIONS OF REMARKS September 12, 1979 lie-school education equals .the excellence of garding synfuels will require the resolu­ ma.de. Because of la.c•k of data, one a.rea or private schools', Carling will gladly offer his tion of a number of institutional con­ concern with indM'ect liquefaction is en­ loved ones to the beneficial intermingling of straints, but significantly, they concluded vLronmenta.l emissions of processes following the school bus, whether that glorious day that- gas synthesis. However, as these and similar come tomorrow or, a.s is more likely, 85 years catalytic conversions are currently effected hence. ... there appears to be no absolute envi­ in the petrochemical industries, the primary Carling is now hung up in his own barbed ronmentally related constraint identified for impact of these adjustments is expected to wire. "You are an elitist!" cries a ma.n in any of the first-generation technologies. have a minor effect on product cost. the crowd. It is Ha.mun. No m.a.n is more These would include biomass conver­ Reduction of these uncertainties requires qualified to drive the dreadful word "elitist" sion and indirect liquefaction where envi­ refocusing of environmental research ia.nd into a fellow creature's heart, at least in assessment programs to aggres.si vely address this confrontation. ronmental problems appear not to be these ·areas ,and to promptly identify environ­ Hamlin's children have always been bused major factors. mental issues that may become future to public schools and, though their reading The report argues effectively for the impediments. level is three years beneath the na.tional av­ development of a synthetic fuels program There is a need for intermediate to long­ erage and they are regularly robbed of their for the United States. It points out that term environmental hes.1th and safety 1unch money in the corridors, Hamlin is a national effort to produce at least 1.5 monitoring of operations a.tall scales of de­ proud, not only because his kids can take million barrels a day of liquid fuels is velopment, especially with regard to antici­ it, but also because they are being protected pating the effect of equipment reliability and feasible, providing the most effective en­ maintainab111ty on fugitive emissions and from the corrosive infection of "elitism." vironmental control technologies and Hamlin is black and, so, would never dream the ultimate fate of solid wastes. of calling Smith a "racist." He will leave practices are used. These are areas of From the present state-of-the-art and that to Carling, the white liberal, but he will control technology in which, as a nation, from mitigation controls developed as part not tolerate Carling's white liberal "elitism." we have made great strides and hold a of the resea.rch and assessment progra.ms, Barry, of course, is also an "elitist," but preeminent pasition. The importance of stringent environmental controls and engi­ nothing can be gained from calling him one the issue and the timeliness of the DOE neering practices need to be determined. publicly, since Barry is no.t ashamed of it. report should not be overlooked. It is for Based on these, guidelines and standards Barry boasts a.bout being an "elitist." This that reason that I commend their find­ must be set early, followed by_ responsive is how he gets away with calling Carling a. periodic updating based on new information. ings to the attention of my colleagues. Sufficient siting oppol'tunities exist within "hypocrite." The summary of the DOE report Boa.sting about your indUierence to up­ current regulatory and resouree av·a1lab111ty lift is ·the best way to keep the crowd from follows: requirements, given that institutional im­ SUMMARY pediments are reduced, to meet an acceler­ getting a. harpoon in.to you. So Barry boasts ated deployment program. Practical maxi­ a.bout sending his children to private school FINDINGS Assuming applica.tion of the most effective mum deployment levels, however, cannot be and, if a'Ilyone accuses him of being a "fasc­ pirOjected without much more detailed siting ist," he will boast a.bout that, too, boa.sting environmental control technologies and practices, deployment of synthetic liquids analyses than wer~ carried out for this "sit­ in passing that he enjoys oil-company divi­ ing opportunities" analysis. dends from windfall profits and is the only facilities on an accelerated schedule to 1990 appears feasible in terms of current environ­ Therefore, the primary environmentally re­ person in the room who enjoyed total avoid­ lated impediments that need to be addressed ance of la.st year's income tax. mental constraints. A set of first-generiation technologies (surface oil shale retorting, in­ at the general progxrun. level a.re as follows: Barry doesn •t care whether his children get Reduce existing institutional barriers such a better education in private scohol. He sim­ direct liquefaction, and biomass conversion) at the low (500,000 barrels per day (BPD)) as water allocations and ·transport rights-o!­ ply figures that private school is better than and medium (l,000,000 BPD) levels of pro­ way to allow available existing physical re­ public for learning arrogance. duction have sufficient siting opportunities; sources to be taipped by these new demands It ls Ha.mlln who infuriates Quinn. Like the high level of production (2,000,000 BPD) without overly constraining prioc claims for Hamlin, Quinn is also bla.ck, but he has no brings rapidly increasing siting difficulties. these resources; more use for busing than Smith has. Quinn Yet-to-be-defined regulations, in their strin­ Improve the permitting. processes and sup­ sees it as a scheme by the white power gent forms, could change this finding. These porting technical information systems to sig­ structure to destroy the integrity of the black regulations include visibility, short-term ni­ nificantly reduce the required permitting community. Hamlin's eagerness to submit to trogen oxide a.mbien t stand·ard, extension of time schedules, inclucting early conduct o! the plot infuriates Quinn, but he doesn't dare prevention of signifioa.nt deterioration (PSD) broad locational surveys to determine the say so. He is afraid Hamlin would accuse him regulations, hazardous waste standards, toxic detailed siting opportunities; and of having a. "ghetto mentality," and he does product regul1ations, and occupational sa.fety Simplify existing and establish new points not want to give whites .the satisfaction of standards. of public review and comment and, further, hearing him explain how the despicable Any production level requires resolution of specify more exactly the conditions for judi­ "ghetto" turned into the comforting "black a. number of institutional constraints, in­ cial review of permitting procedures in order community" he now cherishes. cluding permitting delays and the accept­ to reduce probable delaying impacts of litiga­ Meanwhile, the polittcians present have ab111ty of the fac111ty to the local population tion. lef.t the room and the judges, being too old and state authorities. The greatest impedi­ While technology risks are not fully re­ to think about chiidren, ponder statistics.e ments for the first-generation technologies solved, analysis of the interaction of strin­ include long time delays, fac111ty size limita­ gent environmental regulations, critical re­ tions, and unwillingness to change the char­ source availab111ty, and site ava1la.b111ty show SYNTHETIC LIQUID FUELS acter of the community.· that Silting a.reas a.re sufficient to allow de­ In reaching this general finding, the en­ ployment of a synthetic liquids supply indus­ vironmental analysis found tha.t, within try within other projected energy and indus­ HON'. WILLIAM S. MOORHEAD present and anticipated environmental regu­ trial growth patterns. Therefore, program­ OF PENNSYLVANIA laitions and standards, ·and for a selected set matic and management activities to fa.cmte.te of first-generation facilities, tec'hnology siting and deployment, reduce IN THE HOUSE OF REPRESENTATIVES There appears to be no absolute environ­ compleX'ity in permitting requirements, re­ Wednesday, September 12, 1979 mentally related constraint identified for any duce institutional constraints on critical of the first-generation surface conversion resource allocations, and improve procedures • Mr. MOORHEAD of Pennsylvania. Mr. technologies. Second-generation processes !or providing public involvement in the pro­ Speaker, this past July 12, the Depart­ run greater risks of major environmental gram appear most critical. ment of Energy issued a report which I problems. For in situ processes, the major Table 1 provides a summary of the findlings believe is of great value as an informa­ risk is leaching of ha2la.rdous materials into or the analysis grouped as follows: tion source on the environmental effects water; for direct liquefaction, concern is po­ Technology-specific results. of synthetic liquid fuels production. The tential worker and public exposure to toxic Siting opportunities. report, which was reprinted August 9, substances. Permitting process findings. Yet-to~be-defined regulations are per­ Because many results of th.is environmen­ 1979, was prepared by the DOE, the EPA ceived by developers as major technology de­ tal analysis and the potential courses of and the President's Council on Environ­ velopment impediments. These include air action are dis<:lrete and do not lend them­ mental Quality. quality standards (visib111ty, short-term ni­ selves to summarization, a more extensive In sum, their examination consisted of trogen oxide, and new PSD regulations), list of concerns (Table 5) is presented at the an environmental and regulatory analy­ regulation of hazardous wastes and toxic end of this summary. products, undeground in.Jection guidelines, The Office of Environment is now initiating sis of synthetic liquid fuels production, and worker safety regulations. a broader, more comprehensive assessment of and was devoted largely to a study of im­ Some risk exists that environmental R&D the siting-related development capacity for pediments to the development of a syn­ programs cannot fully satisfy all existing and· synthetic fuels, which will address in detail thetic liquid fuels program for the United eX'pected regula.tory dema.nds, but these risks all areas considered by the present siting States. Their collective findings clearly should be known by 1985 and lot ls expected analysis, including state and local institu­ point out that any production level re- that appropriate oontrol 'adjustments can be tional considerations. This more detailed September 12, 1979 EXTENSIONS OF REMARKS 24325 assessment should be completed by October year's pandemonium at the filling stations policies of colleges and universities. The 1979 a.nd Will be ma.de a.va.Ua.ble to the public erupted. legislation is a disclosure ,bill, no more, a.t that time.• True, the odd-even rule has its flaws. Such a rule made uniform across the country no less, and I believe that it is vital to would be more effective than regional re­ opening up this important educational strictions, for instance. And it is also true issue to broader research and public de­ IN FAVOR OF ODD-EVEN GAS LAW that the area rules have not been observed bate. If standardized testing is accom­ or enforced all that strictly. But this is not plishing its objectives as opponents of a good reason to lift them. The effect of this legislation contend, there is nothing HON. ROMANO L. MAZZOLI ending the restrictions in this region will in this bill that they need fear. be to convey the notion that the situation OF KENTUCKY has improved enough for people to disregard I believe that the following editorial, IN THE HOUSE OF REPRESENTATIVES the problem. There is still time for the two which appeared in the August 24 New governora and the mayor to reconsider their York Times in support of New York Wednesday, September 12, 1979 decision. They should.e State's "Truth in Testing" law, provi­ e Mr. MAZZOLI. Mr. Speaker, I could sions of which are similar to H.R. 4949, not agree more with the editorial in yes­ very adequately states the case for the terday's Washington Post urging reten­ Educational Testing Act of 1979. tion of the Metro area's odd-even gaso­ EDUCATIONAL TESTING ACT: THE TRUTH IN TESTING line sales rule. NEED FOR OPENNESS The intemperate responses of some aca­ My family's driving habits have demic testers to New York's truth-in-testing changed dramatically since odd-even HON. SHIRLEY CHISHOLM law are certain to damage their cause more went into effect in northern Virginia­ than the law itself. The associations that ad­ where we reside-and in the entire area. OF NEW YORK minister admission tests for medical and IN THE HOUSE OF REPRESENTATIVES dental schools have threatened to pull out We drive less. We drive more energy of New York, and the Educational Testing efficiently because of preplanning. And, Wednesday, September 12, 1979 Service, the nation's biggest testing enter­ we are conserving gasoline, as a result. prise, has said it might curtail services. •Mrs. CHISHOLM. Mr. Speaker, as you Doubtless, the law will require more work My family and I know we cannot fill know, the Education and Labor Com­ our gas tank whenever and wherever on their part, and there will be add'ed costs mittee, Subcommittee on Elementary, But their complaihts are overstated. In fa.Cit: we wish. We can get gasoline only Secondary, and Vocational Education is the law is welcome; it's time to take the under certain conditions. currently holding hearings on H.R. 4949, mystery out of college testing. Thus, odd-even stands as a daily re­ the Educational Testing Act of 1979. The The law signed recently by Governor Carey minder to all the MAzzoLr's that gasoline legislation seeks to imbue in the stand­ applies to such examinations as the Scholas­ is a commodity in scarce supply and that ardized testing process a fundamental tic Aptitude Test and the Law School Ad­ we should do our part to conserve it so element of fairness and openness that mission Test that colleges and gr.aduate the available supplies can be stretched to schools use to rank their applicants. As of itr. sponsors and supporters believe is Jan. l, 1980, a copy of any test offered in New do the most good for the most people. long overdue. The impact that st-a.ndard­ It was not easy to convince my family York must be filed with the State Depart­ ized tests have on the educational futures ment of Education. In addition, data on how and me of the reality of the gasoline and careers of millions of Americans is a test was construoted and validated must be emergency and of the necessity for us to not a subject of serious debate; it is ob­ made public. What irks the testers most is a change our driving habits. vious that standardized tests dictate to provision that allows anyone who takes an But, I am convinced now as are thou­ a very substantial degree the life choices exam to receive a graded copy. Questions used sands of auto drivers in this important of vast numbers of citizens. In many for research but not counted in scores and and bellwether area of the country; all c'l.ses, standardized tests are frequently specialized achievement tests are exempt. because of odd-even rules. The testers say the law means an exam used as a gatekeeping device for access given in New York cannot be used again be­ I would hate to see this salutary mood to educational opportunities. For this and spirit of conservation dissipate cause its contents are likely to be dissemi­ reason, ·the sponsors and proponents of nated elsewhere. They contend, too, that the and disappear because our reminders the Educational Testing Act believe that law will create problems in "equwting" and memory joggers-odd-even gasoline it is imperative that we implement some tests-insuring, for instance, that a 600 ver­ rules-were removed from the books. uniform standard of openness which will bal score achieved in 1975 is comparable to a Even though the rules are not respect­ serve to enhance the accountability of 600 in 1979. The testers therefore project ed by each and every driver nor by each what h':ts become a major industry in drastic increases in cost to maintain the pres­ and every gas station operator, they still this country. ent level of service. And they're unhappy that are worth keeping. the law goes into effect so quickly. This com­ The hearings that have been held to plaint may be justified. It takes months to Mr. Speaker, I join the Post in calling date on this legislation indicate that on local officials of the metro area to prepare a test and a slight delay may be in there is a dire need for Members of this order. reconsider their decision to drop odd­ Congress to become educated about the even rules. It is in the public interest to Testing services like ETS have been more extent that testing affects the lives of open about themselves in recent years ·and have odd-even gasoline rules. their constituents. In addition, the public the tests have improved; today, most are The Post editorial follows: debate that is beginning to develop fairer to minorities than they were ten years KEEP THE ODD-EVEN RULE around the bill is a vital and healthy di­ ago. But the testers still haven't faced up to The decision by the governors of Maryland alog. For too long testing procedures and other exam limitations or to the frequent a.nd Virginia. a.nd the mayor of the District uses have remained shrouded in secrecy misuse of test results. Although testers cau­ to drop the odd-even gasoline rule a.s of tion against it, some schools still rely on Oct. 1 is a. bad idea. However much of a. and misinformation, an atmosphere that scores as absolute indicwtors of ability. ETS, nuisance the restriction now seems, it is a. is not conducive to the educational in­ moreover, is surely exaggerating when lit constant reminder that gasoline conservation terests of our children. The important contends that the new la.w might drive up is still important, that "the problem" of testing issues that have surfaced as a costs by as much as 50 percent and that even supply ha.s not disappeared. What has dis­ result of the hearings on this bill must be then it might not be able to uphold testing appeared for now-thanks in no small way phced under public scrutiny, in order standards. Development costs are only a small to the odd-even, minimum-purchase ground to shed light on a ·subject crucial to the part of total costs passed on to the consumer. rules for distribution-is panic at the pumps. And some authorities have argued convinc­ Declaring open season on gas supplies in­ lives of millions of Americans. ingly that at least four techniques already vites a return to "normal"-excessive is the Opponents of this legislation have con­ used by the industry would permit "equat­ word-use. This could produce another severe sistently misrepresented the actual im­ ing" and validating to continue undis­ shortage at area pumps; and if that leads to pact of this legislation and the objectives turbed-at little or no extra cost. another decision to bring back the odd-even of its proponents. As written, the bill will In any case, there is the matter of elemen­ rule, it couidn't help reinforcing public sus­ have no direct impact on the content of tary fairness. These academic tests help to picions that the whole thing is a sham in standardized tests or the uses of such shape the course of people's lives-their the first .Place. Besides, there is reason even schooling, their careers, the very sense of now to believe that soon there will be new tests in the admissions processes of edu­ their own abilities. Students deserve to know pressures on filling-station supplies. In the cational institutions. The legislation can how they are being rwted and judged. There past, September has been a month of weaker neither be construed as a tool to regulate are freedom-of-information laws, truth-in­ demand; but use in October tends to match the testing industry nor as an inappro­ lending laws, truth-in-packaging laws. Why that of May and June-which was when this priate Federal foray into the admissions not truth in testing as well? e 24326 EXTENSIONS OF REMARKS September 12, 1979 CONGRESSMAN JOHN ANDERSON'S vehicles and traveling habits. The best gov­ high? Do we tax ourselves via inflation by ernment can do is create a climate in which running large deficits, which tend to spur ENE~GY PROPOSAL individuals acting in their own self-interest higher money growth and more inflation? also a.ct in the national interest. Or do we ease these tax burdens by impos­ This is a. political failure. The most worn ing a tax on a critical commOdity whose sup­ HON. S. WILLIAM GREEN cliche a.bout politics is that it is the a.rt of ply ls scarce and far more important, un­ OF NEW YORK the possible, but that isn't an explanation certain? IN THE HOUSE OF REPRESENTATIVES so much as an excuse. The artistry of The answer seems obvious enough. We need politics-a.side from winning elections-is to create a margin of safety between domestic Wednesday, September 12, 1979 packaging and promotion: matching prob­ oil demand (two-fifths of which is gasoline) lems with remedies that seem both practical and worldwide oil availability so that we will • Mr. GREEN. Mr. Speaker, Represent­ and pa.la.table. be less vulnerable to interruptions. President ative JOHN B. ANDERSON of Illinois re­ At its worst, this is a. demeaning, decep­ Carter's solution of creating a synthetic fuel­ cently made a proposal which has at­ tive process, but at its best it draws to­ industry-even if it worked, which is ques­ tracted considerable attention. In an ar­ gether different strands of national experi­ tionable--wouldn't yield results until the ticle published in the New York Times ence and combines them in a way that makes mid-1980s. His "windfall profits" tax wouldn't of September 4, Mr. ANDERSON suggested contemporary problems seem understand­ affect the basic revenue balance because the that "a 50-cent-a-gallon 'energy-conser­ able and manageable. The current genera­ annual sums are small and much of the vation tax' on all motor fuels could re­ tion o! politicians may wonder why it is money would be funneled into synthetics. duce our gasoline consumption by 5 to held in such low public esteem; one reason Perhaps there are better ways of doing it ls its 1nabi11ty to perform this vita.I !unction. than a gasoline tax: a heavy tax on im­ 10 percent, saving us 365,000 to 730,000 As Anderson's proposal suggests, the job ported oil, for example. But the main point barrels of fuel per day for more critical ought not always to be a.s difficult as it ls is that the political system isn't posing the uses like home heating oil, and reducing portrayed. No one, of course, likes to pay choices. For six years, a Democratic Con­ our dependence on foreign supplies." higher prices, and politicians a.re loathe to gress has created a hopeless confusion and While recognizing that special provi­ raise the price o! anything, especially some­ paralysis on energy issues. Republicans talk sions would have to be made, such as thing as conspicuous as gasoline. of lower taxes and higher defense' spend­ business use of motor fuels, Mr. ANDER­ But the untold part of this story ls that ing in one breath as if there were no con­ SON outlines several significant advan­ a. gasoline tax is a stupendous money raiser, fiict. Theirs is a collective poverty of imag­ and-other things being equal-a higher ination.e tages to his plan. In addition to the ob­ gasoline tax allows you to lower something vious energy savings, the estimated $50 else. Even i! a. 50-cent-a-gallon tax reduced to $60 billion a year in revenues could consumption by 6 percent or 7 percent TRAGEDIES IN ATLANTA, UliSTER, be earmarked for the social security trust (which is about 500,000 barrels a day, or AND RHODESIA ARE LINKED funds. Although I have proposed different 10 percent of Japan's total oil consumption), plans to address the difficult social se­ it still would raise about $50 billion annu­ curity problem and provide increased aid ally. That ls about 10 percent of total fed­ eral receipts projected for next year. HON. JOHN M. ASHBROOK to the elderly, the gentleman from Illi­ OF OHIO The government needs that money. One of nois has identified a crucial issue which the nasty little facts that no one in Washing­ IN THE HOUSE OF REPRESENTATIVES is demanding attention and has offered ton is mentioning very loudly-to the pub­ Wednes.day, September 12, 1979 a possible solution. lic, at any rate-is that it will be very dif­ The motor fuel tax proposal was the ficult, maybe impossible, !or the federal gov­ e Mr. ASHBROOK. Mr. Speaker, At­ subject of an article by Robert J. Samuel­ ernment to cut overall levels of taxes in the lanta Mayor Maynard Jackson handed son in the September 8 National Journal, 1980s. terrorist leader Joshua Nkomo $4,000 which was reprinted in yesterday's Wash­ The reasons for this squeeze are plain earlier this year. Nkomo's heroic ex­ ington Post. Given Mr. ANDERSON'S out­ enough and probably won't be altered much by the 1980 election, no matter who wins. A ploits included shooting down a civilian standing national reputation and the in­ large part of the federal budget (nearly 55 airplane in Rhodesia and butchering the terest his proposal has generated, I want­ percent) goes for two purposes: defense and men, women, and children who survived ed to share this article with our col­ the elderly. And spending for both ·of these the crash. Within a few weeks, the long­ leagues and ask that it be printed in the probably will be increasing strongly in the escalating crime rate in Atlanta reached RECORD at this point: 1980s. the point that Georgia State Highway QUESTION FOR THE '80s: METHOD OF On the one hand, the over-65 population Patrol cars had to be called into the city TAXATION will be rising significantly faster than the to supplement the local police. The tim­ (By Robert J. Samuelson) overall population: it will be up 25 percent ing was coincidental, but the connection between 1979 and 1990 ·against a projected 10 Rep. John B. Anderson (R-Ill.), one of percent overall increase. Unless benefits are is clear: A leader who supports terror­ the hordes of Republicans seeking his party's reduced-which is unlikely-this means ists abroad has the kind of mind which presidential nomination, did something the higher Social Security and health spending. cannot deal with the necessary firmness other day that makes him stand out in this At the same time, there is little or no pros­ with domestic crime. A man who sees crowd. He suggested a. 50-cent-a.-ga.llon tax pect of substantial defense cutbacks. Be­ torture .and murder as legitimate in Rho­ on gasoline. If there were a. handbook for tween 1955 and 1978, defense spending de­ desia cannot but have somewhat the candidates, one chapter surely would begin, clined from about 10 percent of national out­ same attitude toward murder and rob­ "Don't propose a gasoline tax." But Ander­ put to 5 percent. There now seems to be a son's very obscurity and the lengthy Odds bery at home. consensus that it shouldn't drop any further England in the present tragic crisis in against his success give him some extra. lib­ and, ind.eed, the argument is between those erty to violate the rules, even perhaps to the who think it ought to rise 3 percent annually Northern Ireland has :a hard time asking point of saying something he believes. in "real" terms (after inflation) and those the Repu'blic of Ireland to allow British There is, of course, virtually no cha.nee who argue for 5 percent. troops to pursue and question IRA ter­ that a. gasoline tax will be passed anytime Based on such considerations Rudolph G. rorists entering from and returning to soon, which is unfortunate. By now, we Penner, former chief economist for the Office the Republic of Ireland on their terrorist ought to have realized that many of the of Management and Budget, has estimated raids. After all, it is the United Kingdom arguments used against such a tax a.re a. that to achieve a balanced budget by 1990 which has consistently held the views of sham. The poor (in whose name a. tax al­ would require that spending for all other Zambia and Tanzania, who openly act as ways is protested) don't drive much simply (nondefense, nonelderly) programs would because many of them can't afford to own have to decline 0.5 percent a year in "real" launching sites for terrorism in Rho­ ca.rs. As for regions that depend most terms. Even so, taxes would equal 20 percent desia, a.s more legitimate than those of heavily on automobiles-and therefore of gross national prOduct, which would be the Rhodesian Government, which has might feel the tax most-they actually have slightly higher than in all years but two been elected by two-thirds of the voters the greatest interest in reducing overall (1969 and 1970) since 1958. And Penner's in that country. Just a short time before gasoline demand because, in the event of analysis deliberately includes a number of the recent tragic events in Northern Ire­ scarcity, they will be hurt the most. optimistic assumptions: a growing economy land, the Thatcher gove.rnment had de­ No matter. We choose to leave ourselves revived productivity and only ·a 3 percent cided to go along with the Carter policy at the mercy of an unstable world oil increase in real defense spending. of insisting that the Rhodesia Govern­ market-which ultimately enacts the tax for Against this background, the question for us-rather than to acknowledge that the the 1980s is simple: How do we tax ourselves? ment was not legitimate because, though essence of our oil problem (as opposed to Do we tax labor via higher Social Security elected by two-thirds of the people, it the "energy problem") is largely the auto­ taxes (already scheduled to rise sharply) and did not include armed terrorist groups mobile, and that coping with it involves higher marginal income tax rates? Do we tax in its makeup. pushing people towards more efficient capital and investment by keeping those rates The lessons of Atlanta and Northern September 12, 1979 EXTENSIONS OF REMARKS 24327 Ireland are the same. One who sees ter­ to conquer, they became pioneers in new Since the early 1970's, we have all felt rorists as legitimate abroad has neither fields which have vastly improved the the impact of oil production cuts and the moral nor the psychological equip­ quality of life which we enjoy today. OPEC price increases. This is evidenced ment to deal with terrorism-or any America's grandparents have been by the fact that between 1972 and 1979, other kind of crime-at home. through a great depression and the cru­ fuel costs have increased a whopping The Republic of Ireland is a healthy cible of disruptive challenge and change 197.3 percent-3 times that of other costs contrast to the proterrorist ·stance of which marked the difficult years of the in the Consumer Price Index. For the 35 Atlanta and the compromising with ter­ latter 1960's and the early 4.970's. During million Americans whose incomes fall rorists done by the United Kingdom. If those eras, as have other grandparents in below 125 percent of the offici'al poverty the excuse of historical oppression were other times, they represented the con­ line, these energy cost increases have the justification for murder and torture tinuity, the linkage with the past, and created excessive financial hardship. that Jackson and the United Kingdom the faith in the future which held Amer­ Moreover, as almost half of all low-in­ say it is, no country has ever had as ica close to the traditional vabes respon­ come households live in the northeast much reason to support such action sible for its greatness. and north-central regions of the United against another people as Ireland has Grandparents are a legacy. They build States, the often severe winters take a relative to England. A thousand years of the platforms of scientific progress, of heavy toll on our older Americans who suffering and oppression could give an human values, of steadying institutions, head a staggering 37 percent of all low­ immoral Irish leader the chance to seek and enlightened change that elevate each income households. vengeance against Britain by supporting new generation to a better point from Yet, despite this, in the past 7 years, the IRA, just as Zambia supports terror­ which to set forth in life. the poor have had little in the way of ists in Rhodesia. But the majority of the Grandparents are love. They want a relief: their average household income Irish electorate will have nothing to do better life for their children and their and the major public assistance pro­ with such a leader. The ffiA is banned grandchildren. Their pleasures are large­ grams on which so many of our disad­ in Ireland, and, despite a natural sym­ ly vicarious, derived from enriching the vantaged rely, have failed to keep pace pathy with the Ulster minority, the Irish lives of others. They are an example of with inflation. This is particularly signif­ electorate has shown repeatedly that it human love and caring which infects icant for the elderly, many of whom live knows that terrorism is a disease, not a those who are near to them and is there­ on fixed incomes and find that utility solution. by perpetuated. costs take a disproportionately large bite It is no accident that that same Irish Grandparents are wise. They grow out of their meager budgets. population has one of the lowest crime closer to God as they grow older in The hearings have made it all too rates, if not the lowest, on earth. Theirs years. Life has taught them to dis­ clear that the low-income elderly of our is an old-fashioned outlook, and one to tinguish between passing fancies and Nation are being unfairly penalized by which I wholeheartedly subscribe. That solid values. They have much to con­ the spiraling cost of energy. Indeed, outlook is simple, and it works. There can tribute and their wisdom provides an es­ Deputy Energy Secretary John F. be no compromise with evil. Terrorism, sential influence on the tiller of our great O'Leary has admitted that many Amer­ the butchering of women and children, ship of state. icans may face "a cruel choice between is evil. A mayor who puts money into We are deeply indebted to America's food or heat" this winter. It is a sad hands with innocent blood on them gov­ grandparents, whether they be in Gov­ state of affairs when a vulnerable popu­ erns a city with blood on its sidewalks. ernment, in industry, or the quietness of lation such as the elderly must either The British Government, which insists well-earned retirement. I hope that the choose to forgo basic necessities or face that murderers should be given equal day set aside for them will soon bring the specter of utility cutoffs. Earlier this footing with a democratically-elected them the recognition that they so richly year, one of the major energy concerns government in Rhodesia, has a rising deserve.• focused on the availability of home­ tide of terrorism at home. I urge the heating products. Recently though, the Carter Administration to consider these HOUSE SUBCOMMITTEE INVESTI­ President assured the Nation that-- facts in its Rhodesia policy before the GATES IMPACT OF RISING HOME Adequate home heating oil supplies ... rising tide of political massacre reaches ENERGY COSTS ON SENIOR would be available next winter, even 1! the our shores.• ADULTS weather was colder than normal. What awaits resolution and has not NATIONAL GRANDPARENTS DAY HON. MARIO BIAGGI been adequately addressed thus far, OF NEW YORK however, is the issue of cost. According to the Department of Energy, the price HON. CHARLES E. GRASSLEY IN THE HOUSE OF REPRESENTATIVES of home heating oil had risen from 53.7 OF IOWA Wednesday, September 12, 1979 cents per gallon in January 1979, to over IN THE HOUSE OF REPRESENTATIVES • Mr. BIAGGI. Mr. Speaker, as chair­ 80 cents this fall. At this rate, which is Wednesday, September 12, 1979 man of the House Select Committee on likely to increase in the upcoming winter Aging'.s Subcommittee on Human Serv­ months, the average household will e Mr. GRASSLEY. Mr. Speaker, Sunday, ices I have conducted four major hear­ spend about $159 per month on fuel. The September 9, was National Grand­ ings on the urgent topic of rising home significance of this figure becomes poign­ parents Day. Its observance has not yet energy costs and their impact on senior antly apparent when one focuses on the attained the recognition of Mother's Day citizens. The hearings have been con­ individuals who must absorb these ex­ or Father's Day, but, as the ranking mi­ ducted in Lewiston, Maine, Des Moines, orbitant price increases. In New York nority member on the Select Committee Iowa, Syracuse, N.Y., and this past Sat­ State, for instance, SSI recipients re­ on Aging, I can point to many reasons urday in Waterbury, Conn. I am fully ceive a maximum payment of $291 per why it should. convinced after these hearings that Con­ month. After utility costs, the older adult America is deeply indebted to its gress most important priority in the would be left with $134 to pay for other grandparents. In the main, they repre­ months ahead is to provide adequate and essential items such as food, rent, and sent the age groups that endured the timely assistance to low-income elderly medical expenses. Such accounts of sacrifices of two World Wars and the persons to insure they survive the winter seniors failing to possess sufficient funds war in Korea. It is largely their vision, of 1979 and 1980. to meet basic living expenses were all too their innovation and their labor that Few people today would disagree that frequent throughout the hearings. underlie the revolutionary progress of the most compelling issue f'acing Con­ With the prospects of a long cold America over the past 50 years. In the gress this session concerns the cost and winter ahead, it is critical that existing sciences, they have made us the most supply of residential energy. After com­ programs be modified to meet the cur­ mobile people the world has ever seen; pleting a series of national hearings to rent levels of need. Thus far, involve­ they have brought us jet aircraft, nu­ investigate the impact of utility costs on ment by the Federal Government has clear power, space travel, fast foods, and older Americans, I am convinced that been limited primarily to so-called one­ computers. Their accomplishments in immedi1ate action is needed to enact time-only emergency energy assistance the fields of medicine and nutrition have legislation that will reflect the height­ programs. The Community Service Ad­ added years to our lives. In an era when ened need for low-income energy assist­ ministration programs of the last 3 years there were no more geographic frontiers ance. have expressly been designed to assist 24328 EXTENSIONS OF REMARKS September 12, 1979 low-income households in crisis situa­ event of a second supplemental appro­ consideration of the Soviet presence in tions. They do not off er a long-term solu­ priations bill for fiscal year 1979 which Cuba. It is my understanding, that Sec­ tion to the grave energy problems of the will permit an increase in eligibility retary of State Vance has started dis­ poor and elderly. standards to include participants whose cussions with Soviet Ambassador Do­ A new approach is urgently needed income reach 150 percent of the poverty brynin about the removal of the troops. which will redress the omissions of the level. I am also an advocate and sup­ I feel that the American people must past. Information gathered during the porter of a comprehensive and per­ have a definitive answer on the removal series of hearings clearly indicates that manent progmm to provide low-income of the Russian troops before their rep­ the 1979-80 energy assistance program individuals with energy assistance. Such resentatives in the Senate vote on the must include a number of critical ele­ a plan should be administered by the De­ SALT treaty. ments. Of primary importance is the partment of Energy as part of an overall I agree with the statement by the jun­ need to guarantee that program regu­ national energy policy. ior Senator from New York, Mr. MOYNI­ lations are completed by October 1. This Our older Americans have survived HAN, that the withdrawal of Russian will enable funds, and the mechanism one, and in some cases, two World Wars troops should not serve as the only cri­ for their distribution, to be available to and countless other experiences. It is in­ teria for passage of the SALT treaty. all localities by November 1. Second, it cumbent upon us to come to the aid of We should not reward the Soviet Union is imperative to remove the adminis­ those needy elderly to insure their sur­ for something they should not have done trative mandate which stipulates that vival of the winter of 1979-80.e in the first place. The treaty must be payment priority go only to those indi­ considered within the framework of the viduals with unpaid bills. I do not be­ United States' national security inter­ lieve that the intent of Congress was RUSSIAN TROOPS IN CUBA ests.• to produce any negative effects. But as the committee learned in its investiga­ HON. LEO C. ZEFERETTI tions older Americans are a proud peo­ THE DRAFT WILL NOT MEET OUR ple who, more often than not, will pay OF NEW YORK MILITARY NEEDS the utility bill before purchasing needed IN THE HOUSE OF REPRESENTATIVES food. Third, an equitable formula for Wednesday, September 12, 1979 HON. BRUCE F. VENTO fund allocation is needed to favor re­ • Mr. ZEFERE'ITI. Mr. Speaker, recent OF MINNESOTA gions such as the Northeast and North­ reports indicating the presence of an IN THE HOUSE OF REPRESENTATIVES Central United States which rely heavily undetermined number of Soviet troops on expensive petroleum products. In New and highly technical military hardware Wednesday, September 12, 1979 York State for instance, the fact that in Cuba is a matter of grave concern to • Mr. VENTO. Mr. Speaker, I am op­ over 70 percent of all residential dwell­ a growing number of Americans, and I posed to the reimposition of the draft. ings are heated by oil makes it the feel that President Carter must take a We are in a time of peace and conscrip­ largest individual consumer of the 50 firm stand in the face of the Soviet tion is unnecessary and will not lead to States. In addition to the above recom­ Union's challenge to our national secu­ a strengthening of our de!ense capabili­ mendations, a weatherization component rity. ties. combined with special arrangements for The fact is, Mr. Speaker, that the ad­ Modern technology has changed the renters would certainly enhance objec­ ministration has failed to comprehend "art of warfare" and our country must tives for the 1979-80 winter program. the real impact of Russian actions in take these changes into consideration. Dramatic increases in residential en­ Cuba. These troops and hardware, while The most effective military strategy no ergy costs warrant these modest revi­ not an immediate threat to the terri­ longer is determined by raw numbers. In sions. For despite the added flexibility torial integrity of the United States, fact, a small well-trained Army is much which such changes would bring, many could pose a major threat to our oil sup­ preferable to a large force that is in­ low-income individuals will continue to plies and are a direct challenge to the adequately trained. In listening to to­ struggle with oppressive utility bills. President and our Nation. Through the day's debate, it is apparent that several A new approach is needed which will years, the Soviet Union has challenged important factors have not been consid­ correct the omissions of the past. Much every American President, and it is time ered. I do not believe that there has been discussion during our hearings was cen­ for President Carter to meet this most sufficient consideration of several issues tered on the so-called crisis intervention recent challenge. relating to our military capabilities and program as administered by the Com­ In my opinion, President Carter to the proper utilization of the forces munity Services Administration. This should insist on the immediate with­ and equipment available for our defense. program provides those individuals with At this time I would like to raise these 125 drawal of the Russian combat troops incomes of percent of poverty or from CUba and demand assurances that issues. It is my hope that the Armed lower with up to $250 to pay utility bills. the Soviets will respect the national in­ Services Committee and the Department The complaints we heard was first that tegrity of all countries, especially those of Defense would review these issues so the program did not provide payments to of the Western Hemisphere. The Soviet that we oould make a determination of eligible recipients until after the winter Union's expansionistic foreign policy, the future of our military forces o,n the was over. The second was the program's which in recent years has seen involve­ basis of the best and most thorough in­ criteria which in effect gave persons in­ ment in the Middle East, the Yemens, formation available. centives not to pay their utility bills Ethiopia, and Angola, should be curbed. It is my understanding that the De­ thus making them eligible for payments. We must make it clear to the Soviet fense Department has never conducted Many older persons chose to pay their Union that their adventurism around the a cost-effective analysis of manpower bills even at the expense of eating, yet globe will have an adverse impact on and has not determined the relative c.osts absent a shutoff notice they could not our relations with them. and effectiveness of volunteer versus obtain aid. I feel that the question that must be drafted personnel. I cannot think of a I met with officials from the Commu­ answered is, "When will the United more appropriate situation for the say­ nity Services Administration this past States put its foot down?" I firmly be­ ing "the biggest bang for the buck." If Friday and they assured me that assum­ lieve that the United States cannot, and we are to decide on an all-voluntary or ing final congressional action on the must not, permit Cuba to become a So­ a conscripted military, we should be pro­ 1980 Labor HEW Appropriations bill viet military base 90 miles from our vided with an analysis of where our Fed­ that moneys will be available for individ­ shores, and insisting on the immediate eral dollars will be best spent and of ual recipients by November. Further. withdrawal of Russian combat troops which type of military will provide us they indicated that the only criteria for from Cuba is a step in the right direc­ with the most efficient defensive capa­ eligibility will be the income factor not tion. We can no longer afford to stand bility without wasting the taxpayers nonpayment of bills. idle while the Soviet Union seeks to dollar. Obviously such an analysis should I urged that when developing the 1979- spread its influence at every opportu­ be initiated before we make any decisions 80 formula some form of regionalization nity. · on the future of the military. be utilized providing more aid to the Since the Senate is currently in the Modern warfare and technology has coldest areas of the Nation. process of deliberating the SALT II drastically changed the type of person­ I will do everything possible in the treaty, I urge them to continue their nel needed to maximize our defensive September 12, 1979 EXTENSIONS OF REMARKS 24329 capabilities. We are no longer dependent mention several issues which do not figure tatlon Systems Incorporated, proposes to upon the soldier who knows how to shoot in my opposition to H.R. 4370: build a coal slurry pipellne from southeastern First, I am not opposed to the construc­ Wyoming to Arkansas. ETSI has obtained a· relatively simple rifle. The modem tion of coal slurry pipelines. Quite the con­ water rights from Wyoming to pump ground­ military requires personnel who are trary, I sincerely believe that the energy water from wells just across the bordeir from specialized and who are able to operate ditnculties facing our nation require that all South Dakota, but the only means presently complex equipment. Such skills can only potential solutions be fully explored. Coal available for my state to assert its rights be acquired through extensive training. slurry pipelines have an obvious potential to with respect to the groundwater to be with­ Can the drafted soldier acquire the skills contribute to the energy well-being of drawn ls to challenge our sister state before needed to operate competently this America. the Supreme Court. Second, I do not believe coal slurry pipe­ That is, in my view, an unnecessarily and equipment in the short time of training lines constitute an unwarranted competitive unduly cumbersome procedure-particularly and service. Assuming a high turnover factor as far as railroads are concerned. Per­ since everyone who discussed this issue dur­ of drafted personnel, will the Army be haps all of the coal to be moved in this ing the debate on the floor of the House last continually staffed by undertrained and country can be moved by rail, but the real year paid Up service to the rights of the incompetent warriors? question is whether rail is the best way to Staites to control their water resources. If my We are currently reviewing our defense move coal in every case. That can only be colleagues truly mean what they say, lt strategy, particularly for our European determined by looking at each case indi­ should be a simple matter to provide that forces. Many now believe that a head-on vidually. the Secretary .of the Interior, under the pro­ As far as the effects on rail service ln my visions of H.R. 4370, shall not grant the use confrontation with an invading force own state are concerned, we are faced with of Federal eminent domain to acquire a would result in a devastating defeat and the imminent threat of abandonment of right-of-way for a coal plpellne unless each that attacks emphasizing flank assaults over half our trackage-regardless of and every State whose valid water rights will and maneuverability requires different whether a hundred coal slurry pipelines are be affected first grants approval for the use personnel than a war of attrition. What built or none! I asked the rail companies of its water. consideration has the advocates of a serving my state what benefits could accl"ue As simple and logical as this argument is, draft given to this change in strategy to my state lf coal slurry pipelines a1·e it did not garner much support on the floor and what would our manpower needs be blocked, but they were unable to identify a of the House last year, but I think I know single concrete example. why. Those who sought to k111 the bill and under such a policy? Third, and the Chairman may be surprised who turned out to be the large majority did Are we currently optimizing the com­ to hear this, I do not 'belleve coal slurry not want it improved, since that would im­ bat ready use of those who have been pipelines would necessarily constitute an prove its chance of passage. Those who sup­ trained for combat positions? How undue drain on scarce Western water re­ ported enactment and wished to make coal many combat-trained personnel cur­ sources. Indeed, if Western coal resources pipellnes easier to construct did not want rently are sitting at desks throughout must be more fully employed to meet our the process burdened with having to take this country? Is that the proper use of nation's energy needs-and I believe they full account of each State's rights with re­ must be-then coal slurry pipelines may be spect to water. their capabilities? To be sure, there were those who argued Mr. Speaker, the answers to these the least water intensive and most environ­ mentally acceptable means of getting the that requiring the approval of a second or questions will be important factors in de­ coal energy to where lt ls needed. In addi­ third Staite might impede the right of the termining our future military cap8/bili­ tion, many of my own constituents are sur­ first State to grant the use of its water. I will ties. Before we talk of drafting anyone, prised to learn there ls enough water stored continue to maintain, however, that the I believe that we must seek to utilize ln the great Missouri River reservoirs ln our Federal Gove·rnment should not use its pre­ our present military personnel properly. state to cover all of the 50 million acres of eminent authorities directly or indirectly to South Dakota to a depth of nearly a foot. favor one State over another with respect to Until these questions are answered, no water rights. The right of one State to grant consideration should be given to the Enough water flows through the state each the use of its own water does not imply that reimposition of a draft.• year to cover the entire state to a depth the Federal Government should facilitate im­ of about 6 inches. pairment of water rights under the jmis­ According to the U.S. Geological Survey, dlctlon of another State, but that is exactly THE COAL PIPELINE ACT an estimated mlllion bllllon gallons of what H.R. 4370 would do with respect to the groundwater are stored in the Missouri Basin ETSI pipeline and the water rights of my region. That's an amount about 30 times constituents in southwestern South Dakota. HON. JAMES ABDNOR larger than the total surface-water reservoirs I am not a groundwater hydrologist. I can­ ln the region. The total amount of ground­ not say with certainty that the ETSI pipellne OF SOUTH DAKOTA water in storage ls equal to more than 60 IN T.HE HOUSE OF REPRESENTATIVES should not be built or even that it should years of average flow of the Missouri River­ not use groundwater. I do know that my Wednesday, September 12, 1979 enough to cover the entire region to a constituents are gravely concerned, however, depth of more than 10 feet. and that neither H.R. 4370 nor existing law • Mr. ABDNOR. Mr. Speaker, this morn­ The · question ls not whether sutnclent gives their interests adequate protection. I ing I presented the following statement water ls available for coal slurry plpellnes, am a.ware also of the views of Dr. Perry Rahn to the House Committee on Interior and because it obviously ls available within the of the Department of Geology and Geological Insular Affairs. Another committee meet­ Missouri Basin region. The real questions Engineering at the s ·outh Dakota. School of ing prevented me from presenting the are (a) where will the water come from Mines and Technology. statement orally, but it was placed on the and (b) what existing and/or future poten­ In a paper to be published in the 19'19 tial uses may be impaired. These questions Proceedings of the South Dakota Academy official record of the hearing by Chair­ are at the crux of my opposition to H.R. 4370. man UDALL. of Science, Dr. Rahn concluded: While Section 302(b) (4) vows "Nothing in ". . . independent studies by myself and As my colleagues will note, H.R. 4370, this Act . . . shall be construed . . . as ex­ other hydrogeologists from state and federal the Coal Pipeline Act of 1979, as cur­ panding or diminishing Federal or State agencies confirm that the amount of water rently written, does not adequately pro­ jurisdiction, responsibility, or interest ln withdrawn from the piroposed ETSI well field tect the interests of my constituents. Ac­ water resources development or control," the wlll adversely affect water supplies in adja­ cordingly, I shall oppose its enactment whole purpose of H.R. 4370 is to facilitate cent states. Adequate provisions should be the construction of coal pipelines through made to protect the water in areas affected unless and until adequate protection of the use of Federal eminent domain for the our vital water interests is provided, and by this project. Water from the Madison acquisition of rights-of-way. Coal slurry Limestone has considerable potential for I urge my colleagues to do likewise. pipellnes are water resource development local use (including geothermal energy) The statement follows: project; and H.R. 4370 is internally incon­ even though the depth prohibits full usage STATEMENT BY THE HONORABLE JAMES ABDNOR sistent in stating on the one hand that it ln some areas due to high drllllng costs. The Mr. Chairman and members of the Com­ does not expand the Federal interest in water main issue that needs to be addressed at mittee, I appear before you today ln firm development, while establishing a new au­ this time is whether a coal sluriry pipeline opposition to H.R. 4370, the Coal Pipeline Act thority to encourage water development is the wisest use of an exhaustible resource. of 1979, as lt ls currently written. projects on the other. Should water be reserved for local use or Be that as it may, it is not a fatal flww in The Chairman wlll recall that I voted with exported to Arkansas?" (A copy of the full my estimation if, as lt fac1litates the con­ text of Dr. Rahn's paper has been provided the large majority of our colleagues to defeat struction of coal slurry water development a similar measure last year, and I will cer­ for the Committee's file.) projects, this legislation also facilitates the Regardless of the answer to the question tainly do so again this year lf a simple mat­ valid rights of the States to control develop­ ter of basic equity to my state ls not ad­ Dr. Rahn poses, it is my fervent belief that dressed. ment of their own water resources. As the South Dakota-not Wyoming or the Secre­ Chairman knows, my constituents and I have tary of the Interior or the Supreme Court­ My concerns ln this respect were discussed a very real and specific concern in this re­ ought to decide the issue for South Dakotans. in detail on the floor of the House last year; ga.rd-1 t's called ETSI. but, be'fore I reiterate those concerns, let me H.R. 4370, in its present form, does not afford ETSI, which stands for Energy Transpor- us that basic right; and, unless lt ls amend- 24330 EXTENSIONS OF REMARKS September 12, 1979 ed, I shall a.gain work to defeat this legisla­ cannot see HEW Secretary Pat Harris' Perhaps we should introduce legislation tion. action as other than the administration's to protect the American worker under the Thankyou.e response to the Oversight Congress. This Endangered Species Act. It would be nice to have as many friends as the snail darter. is especially true since Harris bans the A great deal of lip service is paid to em­ CARTER'S "OPEN GOVERNMENT" entire personnel of HEW from discussing ployment, job security, fair wages, and work­ POLICY: ANOTHER DOOR SLAMS even "policy development" with congres­ ing conditions. This is not a case which re­ SHUT sional staff. quires funds to create jobs. This is govern­ Speaking for myself, I do not propose ment action which will put people out or to quietly allow the Carter administra­ work! HON. JOHN M. ASHBROOK tion to continue to frustrate congres­ The Federal Trade Commission's refusal to allow the unions to aippea.r a.nd state their OF OHIO sional attempts at practical efforts to case adds insult to injury. IN THE HOUSE OF REPRESENTATIVES open Government to the people, while he I am appalled by the way the federal uses public money to travel around Wednesday, September 12, 1979 bureaucrats, with verry secure well-paying preaching "open Government" in his jobs, can issue policy and take actions with e Mr. ASHBROOK. Mr. Speaker, what reelection campaign. I urge my col­ no consideration for the people involved. would have been the press and congres­ leagues and the press to expose this The Federal Trade Commission should re­ sional reaction to a Nixon administration hypocrisy, and to insist that the Congress view its own origins. Among its purposes is to protect the people from unfair business Cabinet secretary issuing the following be allowed to get on with the job we were practices. directive to his entire department: elected to do without bureaucratic road Today, we a.re acting and asking our Con­ There are to be no meetings, calls, or staff block. · gressmen and Sena.tors to a.ct to protect us contacts with Members of Congress or The complete text of HEW Secretary from the Federal Trade Commission. staff, . .. regarding proposed or pending leg­ Patricia Harris' memorandum follow5 islation, 1980 authorizations or appropria­ below: STATEMENT OF MR. PHIL LEONARD, ACTING tions, or policy development without prior This is to ask that no communications be POLITICAL EDUCATION DmECTOR, UNITED consultation with me ... sent to Members of Congress or staff on any RUBBER WORKERS If that order had been issued by a pending or proposed legislation without Too often the working people of this great Nixon Cabinet member in 1973, it would express approval by me through the Assistant Nation a.re forced to bear the burden of have been headlined from coast to coast Secretary for Legislation. decisions made by Government. Until further notice, there are to be no Government policy that was out of touch as exactly what it is : An action by the meetings, calls, or staff contacts with Mem­ wt.th the realities of modern world trade has executive branch to keep Congress as bers of Congress or staff, White House Staff, led the United States to enormous foreign ignorant as possible of what is going on Office of Management and Budget, or the trade deficits and thousands upon thousands in the Federal bureaucracy. It would be Economic Policy Group regarding proposed of lost jobs and job opportunities. denounced as an attempt to prevent Con­ or pending legislation, 1980 authorizations or Government economic policy and its in­ gress from exercising its constitutional appropriations, or policy development with­ ability to deal with the present inflationary duty to oversee the bureaucracy whose out prior discussion with me through the spiral will insure steadily de.clining purchas­ Assistant Secretary for Legislation.e ing power for American working men and power and expenditures are the product women. Yet the worker will continue to bear of our legislation. the 'brunt of an e.ntiinfta.tion program which This directive, put out by President UNION LEADERS HELP ALERT CON­ asks us to accept 7 percent wage increases Carter's Secretary of HEW, Patricia while inflation is rising a.t an annual rate GRESS TO FTC THREAT AGAINST of 13 percent. Harris, has the same objective as it would CEREAL INDUSTRY WORKERS have if issued by a Nixon appointee 6 Economists say we a.re in the grips of a. re­ cession and that unemployment will rise in years ago. It slams the door in the face of the near future. congressional efforts to oversee the ac­ HON. JACK F. KEMP The Federal Trade Commission's attempt tivities of the Cabinet department which OF NEW YORK to brea.k up the cereal indusky, if success­ spends more money and interferes with IN THE HOUSE OF REPRESENTATIVES ful, will mean over 2600 jobs will be lost. In the lives of our people more than any addition to this initial loss, you must re­ other arm of the Federal Government. Wednesday, September 12, 1979 member that many others will be affected What makes this directive particularly • Mr. KEMP. Mr. Speaker, the concern in secondary employment as the effects of this multiply. This is an economy which is appalling is that it was issued while Mr. of several of my colleagues and myself a.t present unstable. . Carter was traveling around the country about the Federal Trade Commission's These a.re economic costs, but whait about at taxpayers' expense, telling our con­ ongoing "shared monopoly" suit against the social costs? According to studies, plant stituents how he deplores a closed Gov­ ready-to-eat cereal manufacturers, spe­ closings bring with them an increased inci­ ernment and secretiveness in Washing­ cifically General Mills, General Foods, dence of arthritis, high blood pressure a.nd ton. This directive, declares Congress to and the Kellogg Co., and the devastat­ ulcers among terminated workers. Psychol­ be "outsiders" to Government informa­ ing effects this action portends against ogists and social workers have also found tion at the very time Mr. Carter is de­ several thousands of workers in the a definite relationship between unemploy­ ment and the incidence of divorce, alcohol­ nouncing "insiders" in Government. Grain Millers and related unions, has ism, suicide, child-:beating and mental de­ This is not just hypocrisy. This is been cogently expressed by a number of pression, in addition, the Niaitional Institute hypocrisy squared. outstanding U.S. labor leaders. of Mental Health has found a proven correla­ This is not a partisan issue. It is a At this time, I request permission to tion ·between unemployment and poor matter of the executive branch using its insert in the RECORD statements pre­ mental health iand criminal behavior. sented to several Members, including It would seem to me that we as a nation power to prevent Congress from obtain­ should be doing everything possible to insure ing information to which it has a right. myself, in recent days and a copy of a I a full employment economy. I attacked such efforts under the Nixon letter wrote August 22, 1979, to Mr. Yet the FTC refuses to recognize the dis­ administration, and it is my duty as a Michael Pertschuk, chairman of the astrous effects of their proposed action or to Member of Congress to attack the same FTC: allow the grain millers union to become a practices by Carter. Moreover, it is the STATEMENT OF MR. DAVE SWEENEY OF THE party to the case. The FTC is apparently not Carter administration's response to the INTERNATIONAL BROTHERHOOD OF TEAM­ concerned with job loss or the severe reduc­ STERS, WAREHOUSEMEN, CHAUFFEURS, AND tion of wages and benefits to the employees. announced policy of both parties in the HELPERS OF AMERICA There are other instances of the FTC's 96th Congress to increase congressional On behalf of the International Brother­ intransigence. The FTC has proposed to ban oversight of Federal agencies. We are all hood of Teamsters, I am here to express our all TV advertising directed to children under familiar with the fact that the press has opposition to the high handed actions being 8 and to severely limit TV advertising di­ called this the Oversight Congress. taken by the Federal Trade Commission. rected to children 12. The toy manufacturing One of my first acts upon becoming Working men and women across this coun­ industry, many of whose employees are rep­ ranking minority member of the House try have very important stakes in the out­ resented by the United Rubber Workers, come of all federal decisions, particularly would be seriously affected by such an order. Education and Labor Committee was to when it affects their jobs. Studies have shown that the results of the set up a special unit for oversight, for The government has a duty to explore FTC's proposed action would be increased which I had been preparing since 1977. the employment impact of its actions. It has prices to consumer and lost jobs. Chairman PERKINS also announced over­ a duty to lessen that adverse impact and to In addition, the FTC proposal to control sight to be a major priority for the protect those workers who are directly this type of TV advertising raises serious majority at the beginning of this year. I harmed by its actions. constitutional questions which like so many September 12, 1979 EXTENSIONS OF llEMARKS 24331 other implications were seemingly given this proceeding without unduly complicating ing Federal agency upon which, in this case, little, if any, consideration by the FTC. the expeditious conclusion of trial," stiffens their livelihood depends? This is just one example of the manner in our necks, and insults our intel11gence. Just as importantly, there are our con­ which the FTC has operated-with no regard We say, too bad if the livelihood of 2,600 cerns that a Federally-mandated d1vesture for the people involved or affected by their workers unduly complicates things-people of plants may constitute an FTC intrusion decisions. out of jobs makes life complicated for work­ into the labor relations area, considering The URW stands with the Grain Millers ers and their families and friends. that resulting, new cereal companies may in its opposition to the FTC's unfeeling at­ And to use the word "expeditious" after be under no obligation to either rehire pres­ tempts to break apart the cereal industry. seven years and 15 million dollars just blows ent union employees nor to engage in collec­ We would strongly urge that the FTC more my mind and defies the imagination. tive bargaining with the Grain M1llers union. fully consider the effects of its actions and The commission deals in words like "pro­ At the very least, there appears to be sub­ come to a resolution of this issue which posed" and "substantial" and "should in­ stantial questions to be resolved in not only would protect and preserve the jobs in this crease." untoward Federal interference in the free industry and maintain, rather than tear I have to deal with reality-like no jobs, enterprise system but also in the labor rela­ asunder, the collective bargaining relation­ like unemployment, like welfare and broken tions bargaining area as well. ship in this industry. spirit. For purposes of addressing our aforemen­ I say to the Bureau of Competition, the tioned concerns and for input to the FTC, I STATEMENT OF MR. RoBERT F. HARBRANT, grainmillers were not allowed to intervene urge that FTC representatives meet person­ PRESIDENT OF THE FOOD AND BEVERAGE in the case, but nobody, nobody is allowing ally with union representatives at the ear­ TRADES DEPARTMENT, AFL-CIO them not to be hung! liest possible date, hopefully when the union Thomas Jefferson said remember two The FTC contention that, "The union has representatives are here in Washington Sept. things-in matte.rs of principle stand like a no direct interest in the litigation" is like 5 and Sept. 6. rock; in matters of taste, swim with the saying gasoline has no direct bearing on energy! With appreciation for your assistance and current. expeditious response in this matter, I am, I am here to advise you we in the FBTD Frankly we are exasperated. are not swimmers and we intend to follow Tell the 1,000 unemployed Federal Glass Respectfully yours, the wisdom of Jefferson and stand like a rock! Workers out of work due to a similar case, JACK KEMP, We are here participating in a biological there was no direct interest! Member of Congress.e experiment-by crossing a mink with a bird, We are here to tell all who wm listen, and so people can see the fur fly. all who care, about the human side of this We are gathered in the halls of Congress to story. SOVIET VERSUS U.S. MILITARY plead, to protest and to persuade others of We reject and resent the pink slip notice EXPENDITURES the plight of 2,600 workers. given these workers by the FTC! Why? Our job is not to see what hope lies some­ Because after seven years and 15 million where in the distance, but to do what lies HON. ELWOOD HILLIS dollars the only thing that is clear is the clearly at hand. OF INDIANA What we clearly see at hand is the pink workers are getting the shaft. IN THE HOUSE OF REPRESENTATIVES Why are the workers concerned about the slip saying, "I'm sorry but just wait: in the future? Because they have to spend their end things will be better." Wednesday, September 12, 1979 lives there and nobody seems to give a damn! Well as Mark Twain once said, "When in doubt, tell the truth!" Q Mr. HILLIS. Mr. Speaker, an impor­ Courage is doing what you're afraid to do, tant debate is taking place in the House but there can be no courage unless you're The truth is: scared. Well I can tell you, after talking to the The workers fear, rights and their very today on the state of our military pre­ workers from plants at Battle Creek, Buffalo, well being are being overrun, ignored and paredness and how it is effected by the Lancaster, Memphis and Omaha, they are shamefully mishandled. money authorized in H.R. 4040. I believe scared and the hurricane on tropical storm No workers have to feel inferior unless he an important light is shed on this matter David will not dampen their courage. or she accepts it-I urge all the workers in in an article by Henry S. Rowen which I am not here to pick a fight with the FTC. the industry not to accept it. appeared in the Wall Street Journal I respect the FTC. To argue with those whom Tuesday, September 11. Mr. Rowen was you do not respect would be a waste of time. [Letter of Congressman JACK KEMP to formerly a president of the Rand Corp., We have tried to communicate the con­ Michael Pertschuk, Chairman of the FTC) Deputy Director of OMB, and Deputy As­ f;ensus of these workers to the FTC. We at­ AUGUST 22, 1979. sistant Secretary of Defense. Presently he tempted to meet with the chairman, and only Chairman MICHAEL PERTSCHUK, is a professor at the Stanford University yesterday, the Bureau of Competition met Federal Trade Commission, with our people and issued a statement. Washington, D.C. School of Business. His article follows: SOVIET VERSUS U.S. MILITARY EXPENDITURES I say to all of you, I think the FTC made DEAR MR. CHAmMAN: The Federal Trade a mistake and I urge them not to respond Commission's pending case against Kellogg, (By Henry S. Rowen) with an encore. General Mills and General Foods portends During the past few weeks, the SALT de­ I remind the FTC, the alleged monopoly grave eco·1omic consequences to workers and bate shifted sharply when Senator Sam Nunn charge they have pursued to date is short the Grain M1lling industry in Western New announced that the treaty should not be on fact and long on philosophy. While con­ York. ratified unJess the administration commits to sumers in the marketplace have a choice to a 4 % to 5 % real increase in our defense buy ot not to buy from several companies, From the point of view of my constituents, others in our community and myself, Federal budget. He wa.s joined by Senators Jackson the workers are being given no such options. and Tower in a letter to the President in The Bureau said in its statement, "We are action to force the three firms to divest six plants would be unconscionable under any which they said, "A treaty that fails to im­ sympathetic with the consensus expressed by pede the Soviet drive toward strategic superi­ the union." circumstances. But I find the possibility of such action even more distressing at this ority while the theater nuclear and conven­ It has said it wm listen carefully to the tional bails.nee continue·s to shift against the union, will examine studies the union has time when we are entering a recession, when unemployment in the Greater Buffalo Area West becomes simply an instrument for reg­ cited, will consider any proposals the union istering the U.S. slide into military inferior­ makes. already is at an unacceptable rate of seven percent and likely to be considerably higher ity." They also observed that 1n militairy in­ I say to the Bureau: vestments (e.g. weapons, ships and research You'd better more than listen carefully in the immediate months ahead. and development) , "the Soviet Union has because we will not sit idle and watch 52 At issue, in my judgment, are the job sur­ been outspending the United States by 2: 1 years of a collective bargaining agreement go vival and wage opportunities of members during the past decade." down the tube without going to the Supreme of the American Federation of Grain Millers Although there are sharp differences among Court. in 'both Western New York and in other Americans about the danger of this buildup I say to the Bureau: regions of our Nation. More specifically, 160 for us and what we should do about it, most Why didn't the Bureau of Competition General Mills workers face layoffs in our people would agree that the facts about it do commission studies of its own to determine community while the total job loss, through­ matter. What do we know? any job loss impact? This sin of omission out the country, is estimated at 2,650 workers We observe a great deal of activity. Just is unforgivable, unthinkable, and unbeliev­ within the cereal industry. enumerating the principal items of Soviet able. I am also concerned with the report that growth and modernization and contrasting I say to the Bureau: representatives of the American Federation them to our own programs makes for a long To respond by saying the union has been of Grain M1llers have been denied the op­ list. It includes the addition of 500,000 men authorized by the commission to present its portunity to present directly their inter­ to the Soviet armed forces in the past decade view on these matters as "A friend of the ests in the pending case. Who, I am com­ whereas we cut back 1.5 mHlion men and now court" is a slap in the face to a friend. pelled to ask, has a more direct interest in . have forces at below our pre-Vietnam level; And to add insult to injury by saying, "The an FTC decision than those who confront the the Soviet production in the past five years of staff continues to believe that the conten­ loss of their livelihood and who pay Federal 3,000 tactioa.l aircraft versus our 1,400; 50 tions of the union can be fairly presented in taxes which help to support the adjudicat- submarines to our 12; 1,000 new ICBMs to 24332 EXTENSIONS OF REMARKS September 12, 1979 our 280; the appeaira.nce of the first Soviet la.test CIA publlshed exercise of this kind of the Senate Daily Digest-designated aircraft carriers while our carrier force de­ produces the following dramatic results: by the Rules Committee-of the time, clines, a.nd on and on. Ratio of dollar cost of Soviet to U.S. forces place, and purpose of all meetings, when In addition to knowing a.bout particular scheduled, and any cancellations or weapons it is also important, as the Senators changes in the meetings as they occur. suggest, to know how much the Soviets are 1968 1978 spending. There are two reasons for this: As an interim procedure until the One is to assess the burden on that society Strategic Forces ______2.0 2.9 computerization of this information be­ of its gre~t military apparatus". This tells General Purpose Forces______.9 1.7 comes operational, the Office of the Sen­ us a good deal a.bout Russian priorities; it Support Forces______.5 1.0 ate Daily Digest will prepare this in­ also informs us about how much scope there Overall Defense______.7 1.45 formation for printing in the Exten­ is for further increases. The second reason sions of Remarks section of the CoN­ is to obtain a better measure of the relative GRESSIONAL RECORD on Monday and Wed­ size-and, by inference, strength--of the In dollars, the CIA estimates that it would two military establishments. cost us $146 billion to. procure and operate nesday of each week. The CIA says that the defense sector has the 1978 Soviet forces; our actual outlay Any changes in committee scheduling taken 11 percent to 12 percent of the Soviet that year on our own forces was $102 billion. will be indicated by placement of an gross national product for the past decade. (Pensions are excluded and other adjust­ asterisk to the left of the name of the Other sources, including the Defense Intel­ ments made.) unit conducting such meetings. llgence Agency and some independent A look at other components points up the Meetings scheduled for Thursday, analysts, have consistently made higher esti­ contrast. Consider research and develop­ ment. In 1968, Soviet research and develop­ September 13, 1979, may be found in the mates, putting it at 14 percent to 17 per­ Daily Digest of today's RECORD. cent of GNP or higher. In contrast, we now ment was about 70 percent of ours; it is now spend less than 5 percent of GNP on defense. about 175 percent of ours. How can this MEETINGS SCHEDULED swing be squared with the Secretary of De­ SEPTEMBER 14 INCREASED ESTIMATE fense's assertion that while we needn't The credibility of the CIA's costing pro­ 9:00 a.m. match the Soviets in numbers of many kinds Foreign Relations cedures received a jolt ln 1975 when the of weapons, it is necessary for us "to main­ To continue hear~ngs on the SALT II agency abruptly increased its estimate of tain the crucial technology advantage that this burden from 6 percent to 8 percent of Treaty (Exec. Y, 96th Cong., 1st sess.). gives us superiority where we need it"? 318 Russell Building GNP to 11 percent to 13 percent. Of par­ Doing this with a progressively smaller rela­ ticular note was a 200 percent increase ln tive research and development effort may be Labor and Human Resources its estimate of the cost of weapons and con­ impossible. Alcoholism and Drug Abuse Subcommittee struction. (The adjustment was apparently This approach is sometimes faulted on the To hold hearings on S. 1574, to require occasioned largely by the agency getting data grounds that costing the Soviet forces in appropriate health warning labels on on actual Soviet defense spending.) dollars makes it look larger than it really is. products containing beverage alcohol. In effect, the CIA change reflected not When Soviet weapons and the people that it 6226 Dirksen Building more weapons but the conclusion that the has in larger numbers are valued at high 10:00 a.m. Soviets were much less efficient in making American prices, the difference in the cost is Appropria. tions them and therefore that the appropriate exaggerated. This problem can be met by State, Justice, Commerce, the Judiciary prices were higher. In short, the military doing a similar comparison in rubles, Subcommittee was a much larger burden than had been thereby creating the opposite bias-under­ To hold hearings on proposed supple­ assumed. This interpretation has been ques­ estimating the relative Soviet expenditures. mental appropriations for fiscal year tioned by outside analysts for example, This ruble comparison still shows substan­ 1980 for the Economic Development Steven Rosefielde of the University of North tially larger Soviet spending-25 percent Administration of the Department of Carollna. suggests that the CIA might have more compared to 45 percent more in the Commerce. been missing some weapons in its count or dollar comparison. S-146, Capitol underestimating qualltative improvements UNMISTAKABLE FACTS Energy and Natural Resources in them. Business meeting on pending calendar There is also an issue a.bout the growth However one looks at it, the gross facts business. rate of the Soviet military sector. The CIA about the balances and trend are unmis­ 3110 Dirksen Building estimates its real growth at between 4 per­ takable; on most measures the Soviet Union Foreign Rela. tions cent and 5 percent annually, a rate some­ either has superiority or is rapidly moving to To receive testimony from Members of what larger than the growth rate of the acquire it. And increasingly it ls exercising this muscle around the world. Congress on the SALT II Treaty (Exec. economy as a whole. (Again, some outside Y, 96th Cong., 1st sess.). analysts, including notably William Lee, put There are, of course, many ways of in­ 318 Russell Building it much higher, around 9 percent.) In con­ terpreting these facts: The Soviets have a hostile China to worry about, we have Judiciary trast, the U.S. defense budget in real terms To resume hearings on S. 1612, to create declined from 1968 to the early 1970s as wealthier and more reliable allies, the So­ a statutory charter which defines the Vietnam wound down and has been pretty viet navy can be bottled up in various con­ stricted seas. On the other hand, we have policy and intent of the investigative much on a plateau since. Our real level of authority and responsibilities in mat­ defense expenditures is still below that in longer distances to go to scenes of trouble, ters under the jurisdiction of the 1964, the last year before our Vietnam in­ our alliances a.re collapsing or eroding, and so on. Nonetheless, the trend is clear. FBI. creases. The presidential promise to allies of 2228 Dirksen Building a. 3 percent real increase in defense has The surfacing of the issue of our defense shrunk under OMB pressure and has been effort vis-a-vis the Soviet Union in the SALT Labor and Human Resources largely negated anyway by unexpectedly debate is an event to be welcomed. The nu­ Education, Arts, and Humanities Sub­ high inflation. clear balance really isn't separable from the committee To hold hearings to review the current The Soviet weapon investment account larger competition, a proposition more clearly perceived by many members of Con­ regulations of the Basic Educational has been the source of particular concern Opportunity Grant program, focus­ and controversy. We observe enormous num­ gress and the public than by the administra­ tion. A cool look at the wider scene gives ing on the proposed family contribu­ bers of weapons coming out of Soviet fac­ tion schedule. tories. (Remember when Detroit was re­ ample grounds for concern if not ala.rm. The Senators might be faulted for not ta.king a 4232 Dirksen Building garded as the arsenal of democracy, without Select on Intell1gence peer?) Unfortunately, the Russians don't bolder position; even a 5 percent real in­ crease ln the U.S. defense budget would, at To continue closed hearings on issues publish price lists. Our analysts have to go relative to the SALT II Treaty (Exec. through a complex process to arrive at the best, leave us Number Two for yea.rs to come and might leave us indefinitely in that posi­ Y, 96th Cong., 1st sess.). ruble cost of these weapons. The CIA comes S-407, Capitol up with a growth rate in the Soviet weapons tion. It promises to be an increasingly un­ comfortable position.e 2:00 p.m. investment account in the 1970s of 4 percent Select on Intelllgen:ee to 5 percent. The critics assert that this is To continue closed hearings on issues a gross underestimate and that the true -SENATE COMMITTEE MEETINGS relative to the SALT II Treaty (Exec. growth in this category has been much Y, 96th Cong., 1st sess.). larger-perhaps 10 percent annually or more. Title IV of Senate R~solution 4, agreed S-407, Capitol Making budget comparisons in assessing to by the Senate on February 4, 1977, SEPTEMBER 17 the size of the two m111tary establishments calls for establishment of a system for 9:30 a.m. is a way of trying to cope with the "apples Energy and Natural Resources and oranges" problem in comparing different a computerized schedule of all meetings Energy Regulation Subcommittee mixes of tanks, ships, divisions, and so forth. and hearings of Senate committees, sub­ To hold hearings on s. 1337, to provide This is done by estimating what it would committees, joint committees, and com­ for greater compliance with the na- cost us in dollars to produce and operate mittees of conference. This title requires tional speed limit. · the Soviet array of forces and weapons. The all such committees to notify the omce 3110 Dirksen Building September 12, 1979 EXTENSIONS OF REMARKS 24333 Fina.nee laws and streamline the administra­ 10:00 a..m. Taxation and Debt Management Generally tion of criminal justice. *Banking, Housing, and Urban Affairs Subcommittee 2228 Dirksen Building Business meeting, to begin markup of To hold hearings on S. 224, 616, 687, 1514, 1:30 p.m. S. 1347, to provide for the improve­ 736, 401, and 945, bills to provide tax Conferees mell!t of consum.er services and to exemptions for certain individuals or On H.R. 4393, making appropriations for strengthen the ab111ty of financial in­ organizations pursuant to currenit fiscal year 1980 for the Department stitutions to adjust to cha.nging eco­ regulations of the Internal Revenue of the Treasury and the U.S. Postal nomic conditions. service. Service. 5302 Dirksen Building 2221 Dirksen Building S-146, Capitol Commerce, Scie•ce, and Transportation Judiciary 2:00p.m. Merchant Marine and Tourism Subcom­ Constitution Subcommittee Energy and Natural Resources mittee To resume hearings on S. 506, to provide Business meeting on pending calendar To continue hearings on S. 1460, 1462, the Department of Housing and Urban business. and 1463, ·b1lls to facilitate and stream­ Development with n,ew enforcement 3110 Dirksen Building line the implementation of the regu­ powers to insure compliance with Finance latory part of U.S. maritime policy. statutes guaranteeing equal access to Health Subcommittee 235 Russell Building housing in the United States. To hold hearings to review the admin­ Energy and Natural Resources 6226 Dirksen Building istration and operation of the profes­ 10:00 a.m. Parks, Recreation, and Renewable Re­ sional standards review program. sources Subcommittee Banking, Housing, and Urban Affairs 2221 Dirkse11 Building International Finance Subcommittee To hold hearings on S. 599, to expand SEPTEMBER 19 the historic Indiana Dunes National To hold hearings on S. 864, 1499 and 9:00 a .m . 1663, bills to facilitate the formation Lakeshore Park in northwest Indiana. of U.S. export trading companies to Veterans' Affairs 3110 Dirksen Building expand export participation by smaller To hold hearings on S. 759, to provide Finance U.S. companies. for the right of the United States to To continue consideration of H.R. 3919, 5302 Dirksen Building recover the costs of hospital nursing to impose a windfall profit tax on do­ 2:00 p.m. home or outpatient medical oare fur­ mestic crude oil. Energy and Natural Resources nished by the Veterans' Administra­ 2221 Dirksen Building Business meeting on pending calendar tion to veterans for non-service-con­ 2:00 p.m. business. nected disabilities to the extent that Energy and Natural Resources 3110 Dirksen Building they have health insurance or similar Business meeting on pending calendar contracts. business. SEPTEMBER 18 5110 Dirksen Building 3110 Dirksen Building 9:00 a.m. 9:30 a.m. Appropriations SEPTEMBER 21 Interior Subcommittee Commerce, Science, and Transporte.tion 9:30 a.m. To hold hearings on the synthetic fuels Consumer Subcommittee Energy and Natural Resources production provisions of H.R. 4930, To continue oversight hearings to ex­ Energy Research and Development Sub­ making appropriations for fiscal year amine the enforcement and adminis­ committee 1980 for the Department of the Inte­ trative authority of the Federal Trade To hold hearings on s. 1420 and 475, rior and related agencies. Commission. bills authorizing the Secretary of the 1114 Dirksen Building 6226 Dirksen Building Interior to construct and maintain Commerce, Science, and Transportation Judiciary hydroelectric powerplants at various Consumer Subcommittee Constitution Subcommittee existing water projects. To hold oversight hearings to examine Busines8 meeting, to consider s. 506, to 3110 Dirksen Building the enforcement and administrative provide the Department of Housing 10:00 a.m. authority of the Federal Trade Com­ and Urban Development with new en­ Banking, Housing, and Urban Affairs mission. forcement powers to insure compli­ Economic Stabilization Subcommittee 1202 Dirksen Building ance with statutes guaranteeing equal To resume oversight hearings to exam­ 9:30 a.m. access to housing in the United States. ine proposed revisions to the Admin­ Energy and Natural Resources 457 Russell Building istration's anti-inflation program. 10:00 a.m. Energy Regulation Subcommittee 5302 Dirksen Building To hold hearings on S. 1470, 1417, l?.05, Agriculture, Nutrition, and Forestry Finance and 1134, bllls to establish import Business meeting on pending calendar To continue consideration of H.R. 3919, quotas to restrict the amount of business. to impose a windfall profit tax on do­ crude oil and petroleum products that 322 Russell Building mestic crude on. can be brought into the United States Commerce, Science, and Transportation, 2221 Dirksen Building each year. Merchant Marine and Tourism Subcom­ Governmental Affairs 3110 Dirksen Butldi.ng mittee Federal Spending Practices and Open Gov­ Judiciary To continue hearings on S. 1460, 1462, ernment Subcommittee Business meeting on pending calendar and 1463, bills to facilitate and stream­ To hold hearings on S. 691, to prohibit business. llne the implementation of the regu­ the use of Federal funds to lobby 2228 Dirksen Building latory part of U.S. maritime policy. State and local legislatures. 10:00 a.m. 235 Russell Building 3302 Dirksen Building Banking, Housing, and Urban Affairs Energy and Nwtural Resources SEPTEMBER 24 International Finance Subcommittee Business meeting on pending calendar 9:30 a .m. To continue hearings on S. 864, 1499 and business. Commerce, Science, and Transportation 1663, bills to facilitate the formation 3110 Dirksen Building Surface Transportation Subcommittee of U.S. export trading companies to Finance To hold oversight hearings on current expand export participation by smaller To continue consideration of H.R. 3919, energy impacts on the railroad in­ U.S. companies. to impose a. windfall profit tax on do­ dustry, focusing on the recent coal 5302 Dirksen Bulldlng mestic crude oil. rate increase for the Louisvllle-Nash­ Commerce, Science, and Transportation 2221 Dirksen Building vme railroad. Merchant Marine and Tourism Subcom­ 2:00 p.m. 235 Russell Building mittee Finance 10:00 a .m. To hold hearings on S. 1460, 1462, and Health Subcommittee Energy and Natural Resources 1463, b1lls to facilitate and streamline To continue hearings to review the ad­ Business meeting on pending calendar the implementation of the regulatory mlnistraition and operation of the pro­ business. part of U.S. maritime policy. fessional standards review program. 3110 Dirksen Building 235 Russell Building 2221 Dirksen Building SEPTEMBER 25 Finance SEPTEMBER 20 9:00 a.m. To resume consideration of H.R. 3919, to 9:30 a.m. La;bor and Human Resources impose a windfall profit tax 011 do­ Governmental Affairs To hold hearings on S. 1724, 771, 1270, mestic crude oil. Intergovernmental Relations Subcom­ 1331, and 1603, bllls to provide finan­ 2221 Dirksen Bulld1n6 mittee cial assistance to low and lower mid­ 11:00 a.m. To resume oversight hearings on the dle income, and fixed-income house­ Judiciary scope of general revenue sharing pro­ holds to meet the increased cost of To resume hearings on S. 1722 and 1723, grams. home energy. bills to reform the Federal criminal 3302 Dirksen Building 4232 Dirksen Bullding 24334 EXTENSIONS OF REMARKS September 12, 1979 10:00 a.m. 10:00 a.m. programs under the Higher Education Energy and Natural Resources Finance Act. ' Business meeting on pending calendar To continue consideration of H.R. 3919, 4232 Dirksen Building to impose a windfall profit tax on business . . OCTOBER 5 3110 Dirksen Building domestic crude oil. 2221 Dirksen Building 9:00a.m. Finance Agriculture, Nutrition, and Forestry To resume consideration of H.R. 3919, to 11:00 a.m. Agricultural Credit and Rural Electrifica­ impose a windfall profit tax on do­ Commerce, Science, and Transportation Merchant Marine and Tourism Subcom­ tion Subcommittee mestic crude oil. To continue hearings on S. 1465, pro­ 22~ Dirksen Building mittee To resume hearings on S. 1460, 1462, and posed Farm Credit Act Amendments. Governmental Affairs 1463, bills to fac111tate and streamline 322 Russell Building To hold hearings on S. 1564, to require the implementation of the regulatory 10:00 a.m. public disclosure of certain lobbying part of U.S. maritime policy. Laber and Human Resources activities to influence issues before 6226 Dirksen Building Education, Arts, and Humanities Subcom.,. the Congress. mittee 3302 Dirksen Building OCTOBER 1 9:30 a.m. To continue hearings on proposed au­ 11 :00 a..m. Energy and National Resources thorizations for fiscal year 1981 for Veterans' Affairs Energy Regulation Subcommittee programs under the Higher Education To resume hearings on fiscal year 1980 To resume oversight hearings on S. 1684, Act. legislative recommendations for vet­ to provide for the development, im­ 4232 D_irksen Building erans' programs. provement, and operation of domestic OCTOBER 9 5110 Dirksen Building refinery capab111ties. 9:00 a.m. SEPTEMBER 26 3110 Dirksen Building Agriculture, Nutrition, and Forestry Agricultural Credit and Rural Electrifica­ 9:00 a.m. Labor and Human Resources Handicapped Subcommittee tion Subcommittee Labor and Human Resources To resume hearings on S. 1465, proposed To continue hearings on S. 1724, 771, To resume oversight hearings on the implementation of the Education for Farm Credit Act Amendments. 1270, 1331, and 1603, bills to provide 322 Russell Building financial assistance to low and lower All Handicapped Children Act of 1975 (P.L. 94-142) . OCTOBER 10 middle income, and fixed-income 9:30 a.m. households to meet the increased cost 4232 Dirksen Building of home energy. OCTOBER 2 Labor and Human Resources 4232 Dirksen Building 9:30a.m. Handicapped Subcommittee To resume oversight hearings on the im­ 9:30 a.m. Energy and Natural Resources Energy Regulation Subcommittee plementation of the Education for All Select on Small Business To continue hearings on S. 1684, to pro­ Handicapped Children Act of 1975 To resume hearings to explore the poten­ vide for the development, improve­ (P.L. 94-142). tial of small businesses to contribute ment, and operation of domestic re­ 4232 Dirksen Building in solving the energy crisis. finery capablllties. •veterans' Affairs 424 Russell Building 3110 Dirksen Building To hold hearings on S. 1523 and H.R. 10:00 a.m. 10:00 a.m. 4015, bills to provide the capab111ty of Energy and Natural Resources Labor and Human Resources maintaining health care and medical Business meeting on pending calendar Education, Arts, and Humanities Subcom­ services for the elderly under the Vet­ 'business. mittee erans' Administration. 3110 Dirksen Building To hold hearings on proposed authori­ 457 Russell Building Finance zations for fiscal year 1981 for programs 10:00 a.m. To continue consideration of H.R. 3919, under the Higher Education Act. Labor and Human Resources to impose a windfall profit tax on 4232 Dirksen Building Education, Arts, ·and Humanities Subcom­ domestic crude oil. OCTOBER 3 mittee 2221 Dirksen Building 9:30 a.m. To resume hearings on proposed authori­ Governmental Affairs Commerce, Science, and Transportation zations for fiscal year 1981 for pro­ To continue hearings on S. 1564, to re­ To hold hearings on S. 1656, to promote grams under the Higher Education Act. quire public disclosure of certain the development of a strong domestic 1318 Dirksen Building lobbying activities to influence issues fishing industry, by strengthening the OCTOBER 11 before the Congress. provisions of the Saltonstall-Kennedy 10:00 a.m. Act which established a reserve fund 3202 Dirksen Building Labor and Human Resources to support fisheries development proj­ Education, Arts, and Humanities Subcom­ SEPTEMBER 27 ects. mittee 9:00 a.m. 235 Russell Building To continue hearings on proposed au­ Commerce, Science, and Transportation Labor and Human Resources thorizations for fiscal year 1981 for Consumer Subcommittee Handicapped Subcommittee programs under the Higher Education To resume oversight hearings to ex­ To resume oversight hearings on the im­ Act. amine the enforcement and adminis­ plementation of the Education for All 4232 Dirksen Building trative authority of the Federal Trade Handicapped Children Act of 1975 OCTOBER 17 Commission. (P.L. 94-142). 8:00 a.m. 235 Russell Building 4232 Dirksen Building Labor and Human Resources Labor and Human Resources 10:00 a.m. Child and Human Development Subcom­ To continue hearings on S. 1724, 771, Labor and Human Resources mittee 1270, 1331, and 1603, bllls to provide Education, Arts, and Humanities Sub­ To hold oversight hearings on the im­ financial assistance to low and lower committee plementation of older American vol­ middle income, and fixed-income To continue hearings on proposed au­ unteer programs by ACTION agencies. households to meet the increased cost thorizations for fiscal year 1981 for 4232 Dirksen Building of home energy. programs under the Higher Education CANCELLA TIO NS 4232 Dirksen Building Act. 10:'00 a.m. SEPTEMBER 18 6226 Dirksen Building 9:30 a.m. Finance OCTOBER 4 Labor and Human Resources To continue consideration of H.R. 3919, To hold hearings on S. 1486, to exempt to impose a windfall profit tax on 9:00a.m. Agriculture, Nutrition, and Forestry family farms and nonhazardous small domestic crude oil. businesses from the Occupational 2221 Dirksen Building Agricultural Credit and Rural Electrifica­ tion Subcommittee Safety and Health Act of 1970. SEPTEMBER 28 To hold hearings on S. 1465, proposed 4232 Dirksen Building 9:00 a.m. Farm Credit Act Amendments. SEPTEMBER 19 Commerce, Science, and Transportation 322 Russell Building 9:30 a.m. Consumer Subcommittee 10:00 a.m. Labor and Human Resources To continue oversight hearings to ex­ Labor and Human Resources To continue hearings on S. 1486, to amine the enforcement and admin­ Education, Arts, and Humanities Subcom­ exempt family farms and nonhazard­ . istrative authority of the Federal mittee ous small businesses from the Occu­ Trade Commission. To continue hearings on proposed au­ pational Safety and Health Act of 1970. 235 Russell Building thorizations for fiscal year 1981 for 4232 Dirksen Building