October 29, 1979 EXTENSIONS OF REMARKS 30007 EXTENSIONS OF REMARKS

JOSEPH DISEASE all offspring having the disease if only one tinho and Andrade, 1978). Death usually re­ parent is affected, to a 75 % chance of all off­ sults from pneumonia about fifteen (15) spring being affected if both parents have years after the onset of symptoms (Rosen­ HON. TONY COELHO the disease. There is no correlation between berg, et. al., 1978; Rosenberg, et. al., 1979). OF CALIFORNIA sex of the affected parent and the sex of the Occasionally the onset of the disease does not affected child, nor any increased incidence in begin until above the age of forty ( 40). In IN THE HOUSE OF REPRESENTATIVES either sex. these cases the debilitating course of the Monday, October 29, 1979 PATHOPHYSIOLOGY disease lasts approximately twenty-five (25) As previously stated, Joseph's Disease is a years (Rosenberg, et. al., 1978) . In rare in­ • Mr. COELHO. Mr. Speaker, as the disease of the central nervous system. It in­ stances, the disease has manifest in children. first Member of Congress of full Portu­ volves slow degeneration of pa.rticular areas It is suspected that this occurs when the guese extraction, I would like to take this of the brain which consequently results in child inherits the mutant gene from both opportunity to make my colleagues neurological impairment. The clinical ter­ parents (Coutinho and Andrade, 1978; Ros­ aware of a little known disease which is minology for the disease is Straitonigral enberg, et. al., 1978). found mostly in those of Portuguese Degeneration. This terminology identifies Type II. Type II Joseph's Disease has also descent from either the Azores Islands or some of the major parts of the brain, the been traced to the island of Flores in the corpus striatum and substantia nigra, which Azores. This form of the disease usually be­ continental Portugal. The disease is are affected by the disease (Rosenberg, et. gins later in life, about age thirty (30) and called Joseph Disease and is named after al., 1976). Autopsies performed on people is less rapid in progression than type I Anton Joseph who left the island of with Joseph's Disease have also revealed de­ (Rosenberg, et. al., 1978). It resembles type Flores in the Azores in 1845 and came to generation in areas of the cerebellum, the I in its clinical presentation except that there California. This is a neurological disease midbrain and even atrophy of the spinal cord appears to be a stronger cerebellar compo­ resulting from a genetic mutation, and (Rosenberg, et al., 1976; Rosenberg, et al., nent (Rosenberg, 1977). The cerebellum ls in an effort to create an awareness of 1979). that part of the brain which controls bal­ this tragic disorder, I would like to pre­ CLINICAL FINDINGS ance, equ111brium, and the coordination, ad­ sent a report which was prepared by This neurological disorder is not confined justment and smoothing out of movement to the Joseph family. Similar neurological (Ganong, 1975). Mrs. Mary C. Feliciano, R.N., M.S.N., impairments have developed in several other The initial symptom ls usually ataxia of who is the wife of a very good friend of families of Portuguese Azorean descent. Five gait followed by other signs of cerebellar dis­ mine. I believe that my colleagues will families in Massachusetts-all descendants turbance including truncal ataxia and ln­ find the report informative, and I would of Portuguese who emigrated from the island coordinate movement of the extremities with especially urge my colleagues from Cali­ of Flores in the Azores-have Inanifested a intension tremors, as evidenced in the ataxia fornia and Massachusetts to take note of neurological disorder similar to the Joseph of heel to shin and finger to nose maneuvers this report since the majority of the family (Rosenberg, et ail., 1978). In addition, (Coutinho and Andrade, 1978; Rosenberg, et. family members descended from W1lliam Ma­ al., 1978). Individuals with type II also de­ known cases of Joseph Disease in this chado, a native of Bretanha on the island of velop dysarthrla, dysphagia, opthalmopare­ country are found in those States. In Sao Miguel in the Azores Islands, have also sis, facial fasciculations and some muscle addition, those Members who would like developed a. similar autosoma.l dominant rigidity (Coutinho and Andrade, 1978; Ros­ more information about this tragic dis­ neurological disease (Nakano, Dawson and enberg, et. al., 1978). ease are urged to contact: International Spence, 1972). The duration of this disease ls usually Joseph Diseases Foundation Inc., P.O. Epidemiological studies of these fammes fifteen (15) to twenty (20) years. Box 2550, Livermore, Calif. 94550, (415) and others who have manifested similar dis­ Type III. Type III has also been referred to 455-0706. orders has led researchers to theorize that as Machado's Disease (Romanul, Fowler, The report fallows: these families do not have different diseases, Radvany, Feldman and Feingold, 1977). As but rather variants of the same genetic dis­ previously discussed, William Machado, a na­ JOSEPH'S DISEASE order (Rosenberg, et. al., 1978). Three vari­ tive of Bretanha on the island of Sao Miguel HISTORY ants of this autosomal dominant neurolog­ in the Azores Islands, manifested a neuro­ Joseph's Disease ls a neurological disease ical disorders have been identified: logical disease very similar to Joseph's Dis­ (disease of the central nervous system) Type I. Type I begins about age twenty­ ease. His chlldren emigrated to Massachu­ which occurs in individuals of Portuguese, five (25) with the lnltlal clinical presenta­ setts in the 19th and early 20th centuries prlmarlly Azorean, descent. The disease ls tion of a lurching, unsteady gait. This is br1ngin11; the disease with them (Nakano, et named after Anton Joseph, a man of Portu­ often accompanied by difficulty speaking al., 1972). (dysarthrla) and muscle rigidity (Coutinho guese ancestry, who emigrated to California This form of the disease has a late onset, from the island of Flores in the Azores Is­ and Andrade, 1978; Rosenberg, et al., 1976; Rosenberg, et al., 1979; Rosenberg, et al., usually after age forty (40) and the mean lands in 1845 (Rosenberg, Nyhan, Bay and duration of the disease is unknown (Cou­ Shore, 1976; Rosenberg, Thomas, Baskin, 1978). This clinical presentation has been compared to Parkinson's disease because of tinho and Andrade, 1978). The initial symp­ Kirkpatrick, Bay and Nyhan, 1979; Rosen­ tom ls also ataxia of gait. The disease mani­ berg, Nyhan, Coutinho and Bay, 1978). The the lurching gait, and to intoxication because of the slurred speech and gait impairment. fests other cerebellar deficits similar to Type neurological disorder manifested in Anton II but its distinct difference from the other Joseph, in two of his six children and sub­ Gradually, the neurological deficit progresses and additional impairments develop includ­ forms of Joseph's Disease ls the occurrence sequently in at least forty-nine other direct of symmetrical sensory and motor dlsturb­ descendants of the Joseph family. ing incoordinate contraction of the facial muscles (facial fasciculations) (Rosenberg, an~s in the arms and legs (peripheral neu­ It is surmised that Joseph's Disease is the ropathy) and loss of muscle maEs (muscle result of a genetic mutation which occurred et al., 1978; Rosenberg, et al., 1979). progres­ sion of the muscle rigidity to muscle spas­ atrophy) in these extremities (Coutinho and in an individual residing in the southern Andrade, 1978; Nakano, et al., 1972; Rosen­ portion of Portugal prior to the coloniza­ ticity, and incoordinate volutional movement (Coutinho and Andrade, 1978; Rosenberg, et berg, et al., 1978). The former disturbance in­ tion of the Azores Islands. This individual, cludes decreased sensory appreciation to pin­ an ancestor of Anton Joseph, emigrated to al.. 1976: Roi:enberg, et al., 1978). - the island of Flores where the disease devel­ Impairment of e:ve movements also oc­ prick, vibration and position of the distal oped and was subsequently propagated to curs including limitation of upward gaze extremities and decreased or absent deep the United States and Brazil (Rosenberg, et (ophthalmoparesis of vertical gaze), inab111ty tendon refiexes (Nakano, et al., 1972) . al., 1978). to turn the eyes inward (convergence) and DIAGNOSIS AND TREATMENT MODE OF TRANSMISSION a tendency for the eyes to vacillate back and Presently there is no cure for Joseph's forth (horizontal nystagmus) (Coutinho and Disease. Care focuses on palliative treatment The occurrence of the disease in offspring Andrade, 1978; Rosenberg, et. al., 1979). The identifies an autosomal dominant mode of of the physical manifestations. Some in­ eyes also assume a bulging out aopearance dividuals with Type III have benefitted from inheritance (Coutinho and Andrade, 1978; (exophthalmus) (Rosenberg, et. al., 1978) . Rosenberg, et al., 1976; Rosenberg, et al., antioarklnson medication (Rosenberg, et al. Difficulty in swallowing (dysphagia) usually 1978). • 1979; Rosenberg, et al., 1978). This means develops later in the disease (Rosenberg, et. that the dis_ease is passed from parent to Research efforts have been directed at al., 1978; Rosenberg, et. al., 1979). identifying a molecular marker for the dis­ child through genes and that the disease can These neurological deficits progressively occur in the offspring if only one parent has ease which could be used to identify affected the disease. This results in a 50 % chance of debilitate the affected individual but men­ individuals. If these individuals could be tal alertness and intellect is preserved (Cou- identified prior to their reproductive years,

•This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 30008 EXTENSIONS OF REMARKS October 29, 1979 genetic counseling could be utlllzed to a.c­ I am referring to a 12-mile fund­ unnecessary amendments are added to qua.ln t these individuals with the exact per­ raising walk being sponsored by the various legislative proposals, such as centage of risk of transmitting the disease community of Beltsville, Md., just a few military appropriations bills. We must to their offspring (Rosenberg, et al., 1976; miles from here in my congressional dis­ Rosenberg, et a.I., 1978). all recognize the tragic facts about the At this time there is a biochemical change trict. The walk will benefit the Train­ victims of rape and incest, the dangers noted in individuals who have manifested ing Center for Development of Human faced by pregnant women with serious the disease, but as previously explained, most Resources at Pinalejo, Santa Barbara, illnesses, and .the horrifying effects of individuals with Joseph's Disease do not be­ Honduras. A year ago, a similar walk birth defects. ln many instances abor­ gin to show symptoms of the disease until raised $14,000 to educate citizens in such tion is ·the necessary means to preserve after they have had children and thus un­ fields as agriculture, health and housing. the physical and/or·emotional welfare of knowingly have transmitted the disease to Simply put, the program teaches indi­ an individual. their children. The biochemical change is a. reduced level viduals in this disadvh.ntaged Central As I have stated before, I believe that of homovanilllc acid (HVA) in the cerebro­ American country to care for themselves abortion is a Personal issue of moral spinal fluid (Rosenberg, et al., 1976; Rosen­ and their families better. choice. The fact that it is dividing our berg, et al., 1978). Researchers believe that Mr. Speaker, I am truly touched when country on religious lines makes this a this reduced level of HVA reflects the loss of I hear of such volunteer efforts by resi­ very difficult ·.decision for everyone. I dopamine (a substance needed for normal dents of my area. These people are not recognize the fact that some find abor­ bra.in functioning) synthesizing neurons in compelled in any way to participate in tion to be m·orally wrong, and this is the substa.tia nigra portion of the brain and thus ls a secondary effect of the disease this event. They take part for one reason their prerogative. However, at the same (Rosenberg, et a.I., 1978). It also has been and one reason only-their personal de­ time, we must not deny the right of per­ noted through research that individuals with sire to help those less fortunate than sonal choice ·to those individuals who Type III, referred to as Macha.do's Disease, themselves. To my way of thinking, how­ for various personal reasons find 'abor­ have had an increased incidence of elevated ever. that is the best reason of all. Their tion to be a necessary altern~tive. I find blood glucose levels a.s well as abnormal glu­ participation is a testament to their the decision to continue or to terminate cose tolerance tests (Nakano, et al., 1972). concern, their compassion and their an unwanted, unplanned, or dangerous BIBLIOGRAPHY commitment to assisting others. pregnancy to be a .personal one that rests 1. Coutinho, P . and Andrade, C. Autosomal I sincerely regret that long-standing with the indMdual. I hope that as Con­ Dominant System Degeneration in Portu­ obligations will prevent me from being gress continues to further consider legis­ guese Familles of the Azores Islands. Neurol­ present at 1 p.m., Sunday, November 4, lation pertaining to abortion, my col­ ogy, July, 1978, 28, 703-709. when these exemplary citizens begin leagues will join me in concluding that 2. Ga.rong, W., Review of Medical Physiol­ ogy. Los Altos: Lange Medical Publications, their 12-mile walk at Beltsville's High freedom of choice .is the overriding issue. 1975. Point High School. You can be certain In that hope, I salute the organizers 3. Izumi, K., Inve, N., Shira.be, T., Miyazaki, I will be thinking of them as the hour for of National Abortion Rights Action Week T. a.nd Kuroiwa Y. Failed Leva.dopa. Therapy the start of the walk approaches and and its efforts to ·educate the public on in Strla.toNlgra.l Degeneration, Lancet, June throughout the rest of the afternoon. To this crucial personal issue.• 1971, 1, 1355. show my support and appreciation for 4. Nakano, K., Dawson, D. and Spence, A. their efforts, I have also agreed to "spon­ Ma.cha.do Disease, A Hereditary Ataxia. In sor" one of the participants, Maryland Portuguese Immigrants to Massachusetts. Neurology, 1972,22,49-55. State Senator Arthur Dorman of Belts­ QUESTIONNAIRE RESULTS 5. Roma.nu!, F., Fowler, H., Radvany, Jr., ville, at a rate of $1 per mile. Feldman, R. and Feingold, M. Azorean Dis­ Mr. Speaker, I know all my colleagues ea.se of the Nervous System. New England in the House will want to join me in HON. DELBERT L. LATTA Journal of Medicine, 1977, 296, 1505-1508. wishing each and every participant well OF OHIO 6. Rosenberg, R. Azorean Disease of the in this most worthwhile undertaking. IN THE HOUSE OF REPRESENTATIVES Nervous System. New England Journal of And most of all, Mr. Speaker, I know Monday, October 29, 1979 Medicine, September, 1977, 297, 729. they will want to join me in expressing 7. Rosenberg, R., Nyhan, W., Bay, C. a.nd deep appreciation and heartfelt thanks • Mr. LATTA. Mr. Speaker, for the Shore, P . Autosomal Dominant Striatonigra.l benefit of my colleagues in the House Degeneration. Neurology, August, 1976, 26, to all those involved in such a superb 703-14. project. The walk organizers and par­ and t_he administration, I want to pre­ 8. Rosenberg, R., Nyhan, W., Coutinho, P . ticipants alike truly know what it means sent the results of my annual question­ a.nd Bay, c. Joseph's Disease: An Autosomal to "give of themselves."• naire sent to citizens of the Fifth Con­ Dominant Neurological Disease in the Portu­ gressional District of Ohio which I have guese of the United States and the Azores the privilege to "represent. Islands. In R. Kark, R . Rosenberg, and L. Thousands of my constituents not only Shut (Ed.) Advances in Neurology: The In­ NATIONAL ABORTION RIGHTS took the time to register their views on herited Ataxias. New York: Raven Press, 1978. ACTION WEEK the various issues of national interest 9. Rosenberg, R., Thoma.s, L., Baskin, F., but also added many thoughtful and in­ Kirkpatrick, J . Bay, C. and Nyhan W. Joseph's Disease: Protein Patterns in Fibroblasts and formed comments which clearly demon­ Brain. Neurology, July, 1979, 29, 917-926.e HON. S. WILLIAM GREEN strate their concern and knowledge of OF NEW YORK our national problems. IN THE HOUSE OF REPRESENTATIVES I would like to call particular atten­ tion to the overwhelming majority of Monday, October 29, 1979 A 12-MILE FUND RAISING WALK those who responded-86 percent to be •Mr. GREEN. Mr. Speaker, this week, exact-believe that the Federal Govern­ the week of October 22 to 29, is National ment :must share a major part of the HON. GLADYS NOON SPELLMAN Abortion Rights Action Week. It is a blame for the impending recession. OF MARYLAND time dedicated to building public aware­ .ram pleased that so many of my con­ IN THE HOUSE OF REPRESENTATIVES ness to the widespread moral support for stituents participated and I submit for the REcoan the text of my 1979 question­ Monday, October 29, 1979 abortion rights. I am pleased to partici­ pate in some of the events marking this naire, together with the percentage re­ e Mrs. SPELLMAN. Mr. Speaker, a wise week, and to call to the attention of my sults of-those who responded: man once wrote, "you give but little when colleagues the importance of this public QUESTIONNAIRE RESULTS It you give of your possessions. is when education effort. 1. Do you agree with President Carter that you give of yourself that you truly give." The issue of abortion is one of the America is facing a "crisis of confidence"? In a few days, Mr. Speaker, some dedi­ most divisive facing this country today. Yes. 84 percent. 'No, 14 percent. Undecided, cated residents of my district will spend The facts concerning abortion are also 2 percent. an afternoon "giving of themselves" so continually distorted. It is tragic to me 2. Do you think President Carter's reshuf­ that those living in an underdeveloped fling of his cabinet wm help his presidency? that Congress has not faced reality when Yes. 23 percent. ·No, 73 pereent. Undecldea, area may enjoy a better life. considering abortion legislation, or when 4 percent. October 29, 1979 EXTENSIONS OF REMARKS 30009 3. President Carter's energy program is BLANCHARD REPORTS QUESTION­ wlll end in the year 1990. I intend to con­ being criticized for placing too much empha­ NAIRE RESULTS tinue working to keep the American oil in­ sis on the production of more expensive dustry from profiting from the price in­ synthetic fuels for the future and not creases voted by the Arab cartel. enough emphasis on producing more do­ HON. JAMES J. BLANCHARD 3. I have introduced a blll to speed up re­ search and development of wind energy as mestic oil for today's needs. Is the criticism OF MICHIGAN justified? Yes, 52 percent. No, 41 percent. an electric power source. Do you favor or Undecided, 7 percent. IN THE HOUSE OF REPRESENTATIVES oppose this idea? Favor, 88 percent. Oppose, 4. Which of the following would you favor Monday, October 29, 1979 12 percent. in dealing with the gasoline problem? Comment: Wind energy appears to be the (a) the California plan of odd-even day e Mr. BLANCHARD. Mr. Speaker, in most promising of all of the new, alterna­ sales. Yes, 10 percent. June I mailed a questionnaire to the res­ tive energy sources which are being investi­ (b) requirement that autos not be used idents of Michigan's 18th Congressional gated. Although windmllls vanished from one day per week. Yes, 11 percent. District. To date, I have received re­ American farms during the 1940's or 1950's (c) gasoline rationing by coupon. Yes, 17 sponses from about 8,000 citizens. with the advent of cheap electricity from percent. fossil fuels, they are making a comeback, (d) permit supply and demand to operate Although returns are still coming in, aided by new space-age technology. I believe without restrictions. Yes, 52 percent. I would like to share the preliminary re­ the next 20 years wlll see wind energy come (e) undecided, 10 percent. sults of this survey with my colleagues. into fairly widespread use as a utmty power 5. Should the Dept. of Energy abandon its The responses, and my comments on the source, particularly in high-wind areas llke gasoline allocation program? Yes, 53 percent. subjects raised in the questionnaire, fol­ the Appalachian and Rocky Mountains. No, 35 percent. Undecided, 12 percent. low: 4. President Carter has proposed a hospital cost containment program which would seek 6. Some are advocating a ban on the gen­ 1. Following the nuclear accident at Three eration of electricity from nuclear power not­ to limit cost increases to no more than 11.3 Mile Island in Pennsylvania, a number of percent per year (at present, the rate of in­ withstanding the fact tha.t 13 percent of our possible alternatives are being considered by electricity presently comes from this source. crease ls about 14.4 percent). Do you favor Congress for dealing with the question of or oppose such a proposal? Favor, 83 percent. Do you favor such ia. ban? Yes, 18 percent. nuclear energy development. Which of the No, 79 percent. Undecided, 3 percent. Oppose, 17 percent. following do you favor? (You may check Comment: I expect to support the hos­ 7. Do you think the monetary and economic more than one.) (Answers add to more than policies the federal government has been [pur­ pital cost containment legislation. 100 percent because many respondents chose 5. Congress is now considering a number of suing must share a major part of the blame more than one alternative.) for the impending recession? Yes, 86 percent. different proposals for health care. Generally An end to nuclear power development, with speaking, would you like to see some kind No, 10 percent. Undecided, 4 percent. a gradual phase-out of the nuclear plants 8. Should Congress reduce federal deficit of a national health care program become law now operatlng-17 percent. in the near future? Favor, 61 percent. Op­ spending even though a higher r-ate oif un­ A substantial increase in government reg­ employment may result? Yes, 79 percent. No, pose, 39 percent. ulation and monitoring of the nuclear in­ Comment: I have been a supporter of com­ 14 percent. Undecided, 7 percent. dustry-54 percent. 9. Do you believe the Strategic Arms Limi­ prehensive health insurance since being A five-year freeze on the opening of new elected to Congress, because I believe it is tation Treaty ls in the best interests of the nuclear plants, with a comprehensive study U.S. and should be approved by the Senate? the best way to ensure that all Americans Yes, 35 percent. No, 53 percent. Undecided, ln the meantime to develop new safety are able to obtain decent, reasonably priced 12 percent. standards and rules-35 percent. medical care. •10. Would you favor a Constitutional Continued construction of nuclear plants 6. Over the last few years, Social Security Amendment which would preclude the Pl"esi­ without new studies or regulatlons-22 per­ taxes have risen dramatically, largely be­ dent of the United States from signing cent. cause of the addition of a number of other Treaties before they are approved by the Comment: The plans of some nuclear programs, such as disab111ty benefits and Senate? Yes, 62 percent. No, 32 percent. Un­ power backers to seek a speed-up in the li­ Medicare/Medicaid, to the Social Security decided, 6 percent. censing of new nuclear plants have appar­ Program. It has been proposed by some that ently been placed on the back burner in­ these programs should be separated and paid Ill. Pres. Carter & Senator Kennedy have definitely, in the wake of Three Mlle Is­ for by income taxes, and that the Social Se­ offered separ-ate nationialized health plans. land. Meanwhile, several Congressional com­ curity Program should go back to being sole­ Do you favor: mittees are working on proposals to slow or ly a retirement benefits program. Do you fa­ (l) Darter plan. Yes, 8 percent. temporarily stop new plant openings while vor or oppose this idea? Favor, 84 percent. (2) Kennedy plan. Yes, 19 percent. further safeguards are developed. In fact, Oppose, 16 percent. (3) No government involvement. Yes, 58 the Senate July 17 approved a bill which 7. Would you rather see more or less of percent. would shut down on June 1, 1980, all nu­ your tax dollars, or the same amount, spent clear plants in states without approved plans on the following items next year: (4) Undecided. Undecided, 15 pereent. for dealing with nuclear emergencies. My M111tary and defense: More, 33 percent; :12. Oongress is considering a blll to require own feeling ls that these are healthy devel­ same, 43 percent; less, 24 percent. the registration under Selective Service of opments. Although nuclear power wlll con­ Foreign aid: More, 6 percent; same, 20 per­ all young men becoming 18 years of age after tinue to be needed in the future, stiffer gov­ cent; less, 74 percent. December 31, 1980. Do you favor? Yes, 59 ernment regulations are essential. Programs to reduce unemployment: More, percent. No, 35 percent. Undecided 6 percent. 2. As part of his recent energy message, 39 percent; same, 30 percent: leEs, 31 percent. '13. Should foreign ownership of farm land President Carter asked Congress to lift price Energy sources: More, 77 percent; same, 11 be prohibited? Yes, 80 percent. No, 16 percent. controls on oil, and to pass a 50 percent percent; less, 12 percent. Undecided, 4 peroent. windfall profits tax on oil producers. Money Education: More, 36 percent; same, 47 per­ from the tax would go into an Energy Se­ cent; less, 17 percent. 14. PRESIDENTIAL POLL curity Fund, which would be used partly for Environment: More, 34 percent; same, 40 John Anderson, 1 percent. development of new energy sources. Which percent; less, 26 percent. Howard Baker, 10 percent of the following alternatives do you prefer? Transportation: More, 41 percent; same, 33 George Bush, 1 [percent. Keep price controls, and no windfall tax, percent; less, 26 percent. John Connally, 10 percent. 47 percent. Housing: More, 18 percent; same, 38 per­ Phil Crane, 3 percent. End price controls, no windfall tax, 10 cent; less, 44 percent. Bob Dole, 1 percent. percent. Agriculture: More, 33 percent; same, 44 Ben Fernandez, O percent. End price controls, windfall profits tax of percent; less, 23 percent. Gerald Ford, 13 percent. 50 percent, 21 percent. Health: More, 47 percent; same, 33 percent, Jack Kemp, 1 percent. End price controls, windfall profits tax of less, 20 percent. Ronald Reagan, 17 percent. more than 50 percent, 22 percent. Space science and research: More, 28 per­ Jerry Brown, 4 percent. Comment: At present, the Senate ls con­ cent; same, 36 percent; less, 36 percent. Roberl Byrd, 1 per<:ent. sidering the windfall profits tax, and an Social Security: More, 33 percent; same, 41 Jimmy oarter, 8 percent. eventual end to price controls seems certain percent; less, 26 percent. Frank Church, 1 percent. by virtue of the President's earlier decision Crime control: More, 57 percent; same, 36 Henry Jackson, 2 percent. on April 5. My own view is that price con­ percent; less, 7 percent. Ted Kennedy, 14 percent. trols should be continued, at least until a Comment: I have been extremely active in Walter Mondale, 2 percent. tough windfall profits tax has been enacted. pushing for increased federal funding for George McGovern, 1 percent. My votes in Congress reflect that position. energy, particularly on renewable and clean F.d Muskie, 1 percent. In addition, I supported and voted for a energy sources such as solar and wind. My Morris Udall, 1 percent. permanent windfall profits tax of 85 percent. wind energy bill, which was referred to in Others, 6 percent. Unfortunately, the House of Representatives question 3, has been the sub1ect of hearings Un.decided, 2 percent.e voted for a weaker 60 percent tax which in the House Energy Development and Appll- 30010 EXTENSIONS OF REMARKS October 29, 1979 cations Subcommittee and I expect the sub­ tralizing education programs and moving DEPARTMENT OF ENERGY SYN­ committee, of which I am a member, will them out of the Department of Health, Ed­ approve it soon. Meanwhile, a. House Banking ucation and Welfare. Do you favor or oppose FUELS STUDY subcommittee on which I serve has given such a. proposal? Favor, 55 percent. Oppose, its stamp of approval to the "solar bank" 45 percent. blll, which would provide low-interest loans Comment: The proposed Department of HON. JONATHAN B. BINGHAM to homeowners who wish to install solar Education won final Congressional approval OF NEW YORK heating and hot water systems. I have also September 27. I supported and voted for the IN THE HOUSE OF REPRESENTATIVES been a. consistent supporter of adequate new agency, primarily because I believe it funding for crime control, health and edu­ will help to produce a little more order and Monday, October 29, 1979 cation programs. efficiency in the administration of federal e Mr. BINGHAM. Mr. Speaker, begin­ 8. When various issues come before Con­ education programs. At present, there are ning tomorrow the House will consider gress, I often receive mass ma111ngs of cards some 40 departments, agencies and bureaus from citizens which have been preprinted for which have a hand in education policy, and the "fast track" energy legislation which them by special interest groups. How strong­ I believe a more unified structure is needed. would create an Energy Mobilization ly do you feel such ma111ngs should be con­ 13. Which of the following actions do you Board to expedite the consideration of sidered in comparison with individual let­ believe will seriously help reduce inflation? certain non-nuclear energy projects. All ters? (Answers add to more than 100 percent be­ of us can agree that unnecessary time Weigh all cards and letters, pro and con, cause respondents chose more than one al­ delays and duplication should be cut from in proportion to their numbers, no matter ternative.) Federal, State and local agency opera­ what form, 13 percent. Reduce federal spending and raise interest Consider the depth and content of mall, so rates in order to restrict the money supply, tions in considering these projects. How­ that individual letters become more impor­ 46 percent. ever, there is absolutely no justification tant than form cards, 53 percent. Ba.lance the federal budget even if it means for allowing the Board or the President Ignore pre-printed postcards, 14 percent. raising taxes or putting some people out of to waive laws or to take over the decision­ Comment: Judging the value and signifi­ work, 33 percent. making authority of Federal and State cance of the telegrams, telephone calls, let­ Institute strict controls (but temporary) officials. I therefore urge support for the ters and cards I receive from people on the on prices, wages, rents and interest rates, 37 Udall-Clausen-Wirth substitute, which many issues which confront Congress is al­ percent. will use the strong arm of the Federal ways a difficult problem. The answers to this Continue the current voluntary program of question make that job a. little easier, and I wage-price guidelines, but also enact wage courts to insure that agencies do not de­ appreciate your help. insurance and other incentives to reward lay in processing energy project applica­ 9. People often think in general terms workers and businesses who cooperate, 19 tions. about the way public officials perform their percent. One of the most common arguments jobs. How would you rate the job President Deal with specific sectors of our economy made by those favoring providing the Darter is doing? Excellent, 3 percent. Good, separately, like keeping price controls on Board with the power to waive laws is 28 percent. Not so good, 39 percent. Poor, 30 oil, passing hospital cost containment legis­ percent. lation, deregulating the trucking industry, that this power is necessary for imple­ 10. How would you rate the job Congress etc., 47 percent. mentation of a synthetic fuels industry. ls doing? Excellent, 1 percent. Good, 15 per­ Comment: Inflation continues to be the However, a July 1979 study prepared by cent. Not so good, 46 percent. Poor, 38 per­ single most difficult problem facing the fed­ the Assistant Secretary for Environment cent. eral government. My own feeling is the Fed­ at the Department of Energy indicates 11. Concern has been expressed about the eral Reserve Board's latest efforts to limit that this is indeed not the case. The re­ problem of water quality in the Great Lakes the money supply will eventually slow infla­ port, entitled "Environmental Analysis and the effectiveness of the federal effort to tion-the question is whether that can be of Synthetic Liquid Fuels" states: clean up the Great Lakes. As a member of done without triggering an economic reces­ the Natural Resources and Environment sion and bringing about layoffs and increased Assuming application of the most effective Subcommittee, it would be helpful for me unemployment. In addition to supporting environmental control technologies and prac­ to know the following: hospital cost controls, as I indicated in my tices, deployment of synthetic liquids fac111- Do you or your family use the Great Lakes comment on question 4, I am backing a wide ties on an accelerated schedule to 1990 ap­ for recreational purposes? Yes, 56 percent. variety of proposals aimed at keeping prices pears feasible in terms of current environ­ No, 44 percent. down. They range from makJ.ng the U.S. gov­ mental constraints. Do you or your family own property on ernment the sole importer of foreign oil (to I am inserting the study's summary in or near the Great Lakes? Yes, 18 percent. give us more bargaining power with the No, 82 percent. OPEC cartel) to trying to strengthen the the RECORD for my colleagues' considera­ Is your livelihood or that of a. member of powers of the Council on Wage and Price tion. your family directly related to Michigan's Stab111ty (which is the single government The summary follows: tourism industry? Yes, 6 percent. No, 94 per­ agency in charge of monitoring and con­ cent. trolling inflation). FINDINGS Are you or your family concerned about Assuming application of the most effec­ what some have called the water quality Finally, I am seeking to control Gov­ tive environmental control technologies and problem in the Great Lakes? Yes, 83 percent. ernment spending and eliminate waste practices, deployment of synthetic liquids No, 17 percent. with my "sunset" legislation, which fac111tles on an accelerated schedule to 1990 Would you support increased research would require that all Federal spending appears feasible in terms of current environ­ aimed at speeding up the Great Lakes clean­ programs be reviewed by Congress on a mental constraints. A set of first-generation up effort provided the research was con­ regular basis. The House Rules Commit­ technologies (surface oil shale retorting, in­ ducted in a coordinated manner? Yes, 83 per­ tee is now considering the "sunset" bill, direct liquefaction, and biomass conversion) cent. No, 17 percent. at the low (500,000 barrels per day (BPD)) CoIIl!lllent: The Great Lakes contain 95 per­ and at this time it appears that legisla­ and medium (1 ,000,000 BPD) levels of pro­ cent of the surface fresh water in the United tion may be ready for the full House of duction have sufficient siting opportunities; states. The Great Lakes region supports one Representatives to consider by early next the high level of production (2,000,000 BPD) fourth of our nation's industry and one fifth year.• brings rapidly increasing siting difficulties. of its population. Millions of the region's Yet-to-be-defined regulations, in their strin­ residents vacation annually along Michigan's gent forms, could change this finding. These 3200 miles of Great Lakes coastline and drink ROLLCALL VOTES regulations inolude visib111ty, short-term ni­ its water. trogen oxide ambient standard, extension ot An unintended by-product of the economic prevention of significant deterioration (PSD) growth and development that has been facil­ HON. ELIZABETH HOLTZMAN regulations, hazardous waste standards, toxic itated by this precious re.source has been a OF NEW YORK product regulations, and occupational safety decline in Great Lakes water quality. I am IN THE HOUSE OF REPRESENTATIVES standards. pleased that fully 83 percent of the respond­ Any production level requires resolution ents to this poll are concerned about the Monday, October 29, 1979 of a number of institutional constraints, in­ water quality problem in the Great Lakes. e Ms. HOLTZMAN. Mr. Speaker, I was cluding permitting delays and the accepta­ In the coming months I intend to take bility of the facility to the local population specific steps--including conducting field unable due to illness to be present for and state authorities. The greatest impedi­ hearings in Michigan-to evaluate and, if the following votes on September 26, ments for the first-generation technologies necessary, improve the effectiveness of the 1979. Had I been present I would have include long time delays, facility size limita­ federal role in combating threats to Great voted as follows: tions, and unwlllingness to change the char4 Lakes water quality. Rollcall No. 509, "Yes." aciter of the community. 12. A separate federal Department of Edu­ Rollcall No. 510, "No." In reaching this general finding, the en­ cation has been proposed as a means of cen- Rollcall No. 511, "Yes." • vironmental analysis found that, within October 29, 1979 EXTENSIONS OF REMARKS 30011 present and anticipated environmental regu­ show that siting areas are sufficient to ment. Mr. SEIBERLING rejected this ap­ lations and standards, and for a selected set allow deployment of a synthetic liquids sup­ proach. of first-generation facilities, p!y industry within other projected energy Mr. Speaker, Alaska has the ability to and industrial growth patterns. Therefore, There appears to be no absolute environ­ produce a tremendous volume of fisher­ mentally related constraiint identified for any programmatic and management activities to of the first-generation surface conversion facilitate technology siting and deployment, ies products. Fish are a renewable re­ technologies. Second-generation processes reduce complexity in permitting require­ source; their continued utilization will run greater risks of major environmental ments, reduce institutional constraints on augment our economy, improve our for­ problems. For in situ processes, the major critical resource allocations, and improve eign trade balance, and provide protein risk is leaching of hazardous materials into procedures for providing public involvement to people throughout the world. Unfor­ water; for direct liquefactdon, concern is po­ in the program appear most critical. tunately, rapid massive development of tential worker and public exposure to toxic Table 1 provides a summary of the find- OCS areas can seriously impair develop­ substances. ings of the analysis grouped as follows: Yet-to-be-defined regulations are perceived Technology-specific results. ment of our Nation's fisheries. In fact, by developers as major technology develop­ Siting opportunities. the North Pacific Fishery Management ment impediments. These include air quality Permitting process findings. Council has recently gone on record in standards (visibiH.ty, short-term nitrogen Because many results of this environ­ opposition to OCS development in the oxide, and new PSD regulations), regulation mental analysis and the potential courses Bristol Bay area. In spite of this, sup­ of hazardous wastes and toxic products, un­ of action are discrete and do not lend them­ porters of H.R. 39 continue to argue that derground injection guidelines, and worker selves to summarization, a more extensive the OCS areas are left open for develop­ safety regulations. list of concerns (Table 5) is presented at Some risk exists that environmental R&D the end of this summary. ment, thereby forcing increased activity programs cannot fully sa tdsfy all existing and The Office of Environment is now initiat­ in these sensitive areas. expected regulatory demands, but these risks ing a broader, more comprehensive assess­ Mr. Speaker, I hope that all Members should be known by 1985 and it is expected ment of the siting-related development will carefully consider the trade-offs in­ that aippropriate control adjustments can be capacity for synthetic fuels, which will ad­ volved in supporting the House-passed made. Because of lack of data, one area of dress in detail all areas considered by the Alaska Lands bill. We can have a healthy concern with indirect liquefaction is environ­ present siting analysis, including state and environment and increased energy sup­ mental emissions of processes following gas local institutional considerations. This more ply. However, we cannot do that if H.R. synthesis. However, as these and similar cata­ detailed assessment should be completed by lytic conversions are currently effected in the October 1979 and will be made available to 39 is enacted into law.• petrochemical industries, the primary impact the public at that time.e of these adjustments is expected to have a minor effect on product cost. Reduction of these uncertainties requires REFLECTION ON THE GREAT refocusing of environmental research and as­ DEPRESSION sessment programs to aggressively address CONGRESSMAN YOUNG REPLIES these areas and to promptly identify environ­ mental issues that may become future im­ HON. SILVIO 0. CONTE pediments. HON. DON YOUNG There is a need for intermediate to long­ OF ALASKA OF MASSACHUSETTS term environmental health and safety mond­ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES toring of operations at all scales of develop­ Monday, October 29, 1979 ment, especially with regard to anticipating Monday, October 29, 1979 the effect of equipment reliability and main­ •Mr. YOUNG of Alaska. Mr. Speaker, •Mr. CONTE. Mr. Speaker, everyone in tainabllity on fugitive emissions and the ulti­ while I have no particular desire to again this Nation has been made aware that mate fate of solid wastes. debate the Alaska Lands bill passed by today marks the 50th anniversary of From the present state-of-the-art and the House in May of this year. I feel that Black Tuesday, the day the bottom start­ from mitigation controls developed as part ed to fall out from under the stock mar­ of the research and assessment programs, I must reply to Congressman SEIBER­ stringent environmental controls and engi­ LING's comments that were printed in ket, and our Nation and the majority of neering practices need to be determined. the October 25 RECORD. the world was plunged into a lengthy and Based on these, guidelines and standards In his statement, the gentleman from arduous worldwide depression. I know must be set early, followed by responsive pe­ Ohio takes issue with an article that I that many commentators and would be modic updating based on new information. had submitted for the RECORD dealing pundits are making sweeping parallels Sufficient siting opportunities exist within between that era and this. They are pre­ current regulatory and resource availability with the effect of the Alaska Lands bill on energy supplies in the United States. dicting that a new depression is what requirements, given that instdtutional im­ lies in store for the American people. I pediments are reduced, to meet an acceler­ The article was written by Mr. Louis ated deployment program. Practical maxi­ Overstreet, president of the Alaska Black submit that we must profit more from the wisdom of the great President who mum deployment levels, however, cannot be Caucus, and expressed his concern that led us out of that depression, Franklin projected without much more detailed siting the Alaska Lands bill would seriously Delano Roosevelt, and remember that analyses than were carried out for this "sit­ impair our ability to produce new energy ing opportundties" analysis. "the only thing we have to fear is fear supplies. Therefore, the primary environmentally itself." related impediments that need to be ad­ In his reply, my colleague from Ohio Mr. Speaker, I believe that the Ameri­ dressed at the general program level are as mentions the availability of the national can people and Government have the follows. petroleum reserve in Alaska for private capability to profit from the mistakes of Reduce existing institutional barriers such development, and further waxes elo­ the past and to move forward to re­ as water allocations and transport rights-of­ _quent about the oil potential on Alaska's vitalize our now-stagnant economy. The way to allow available existing physical re­ Outer Continental Shelf. He and I are sources to be tapped by these new demands solutions of the thirties are not neces­ without overly constraining prior claims for in agreement regarding the NPR-A; sarily the solutions of the eighties. these resources; however, I am shocked that the gentle­ Clearly the present times do not call Improve the permitting processes and man, whose environmental record is well for a new works project administration; supporting technical information systems to known in this Congress, should callously but we must remember the need to se­ significantly reduce the required permitting disregard the effects of oil and gas de­ cure employment opportunities and we time schedules, including early conduct of velopment in such areas as Bristol Bay can certainly remember the benefit to broad locational surveys to determine the and Cook Inlet. Evidently he prefers the society and to the individual of public detailed siting opportunities; and "rape, ruin, and run" approach on the works that benefit us all. Simplify existing and establish new points most productive salmon area in the world The United States must be sure to of public review and comment and, further, to a sound onshore exploration and de­ a void the isolationism that character­ specify more exactly the conditions for judi­ velopment program in the Arctic game cial review of permitting procedures in order ized both our trade and foreign policy to reduce probable delaying impacts of range. The Alaska Lands bill reported in the 1930's, a retrenchment which only litigation. by the Merchant Marine and Fisheries served to exacerbate and lengthen the While technology risks are not fully Committee had an excellent conserva­ depression. Today, even more than five resolved, analysis of the Interaction of tion program that would protect the por- decades ago, economic and political in- stringent environmental regulations, critical cupine caribou herd in the Arctic range terdependence are realities which our resource avallabllitv. and site availability while still allowing for energy develop- policymakers must consider in the execu- CXXV--1887-Part 23 30012 EXTENSIONS OF REMARKS October 29, 1979 tion of their duties. The problems this these he has served in valuable leader­ its approval for the use of the drug in country faces are global problems, and ship roles. treating interstitial cystitis. the solutions to them must in part be In 1972, the citizens of house district As a result, the nearly 300,000 individu­ global too. 42 recognized that they could not find a als in the United States that have sclero­ Most importantly, Americans must man with better knowledge of their com­ derma do not have legal access to this work hard and work together to solve munity, or more devotion to its welfare. drug. Consequently, there are patients in th<.! combined threat of inflation and re­ than Virlyn Smith. They elected him the United States that have had fingers cession. This will require sacrifice and their representative to the Georgia House and toes amputated unnecessarily. hard work. Productivity and efficiency of Representatives. They have never been DMSO is not a cure for scleroderma. but must increase. Americans will have to disappointed. it may have promise. learn to consume less of certain non­ A hard-working public servant. An ef­ It seems incongruous that the United renewable energy sources. But Mr. fective legislator. A man of high prin­ States Government is not only prevent­ Speaker, if there is one lesson we can ciples and impeccable honesty. A man ing research and development of new learn from the Great Depression, it is who cares for people and loves his com­ drugs but is also denying seriously that the American people are more than munity, his State, and his Nation. These afflicted individuals the right to life and willing to meet this challenge, and more are the things we think of when we think limb.• than able to do so.• of Virlyn Smith. We cannot help but be proud of him. We cannot help but be en­ riched by our association with him. We A SALUTE TO LT. GEN. THOMAS P. cannot help but say we need more men STAFFORD, USAF VffiLYN SMITH NIGHT like him. It is not often we have the chance to make our feelings known. Let us take HON. JIM WRIGHT HON. NEWT GINGRICH this opportunity to say, Virlyn, thank· OF TEXAS OF GEORGIA you for what you have given to all of us. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES We think the world of you.• Monday, October 29, 1979 Monday, October 29, 1979 • Mr. WRIGHT. Mr. Speaker, it is ap­ e Mr. GINGRICH. Mr. Speaker, on propriate and fitting today for the House Tuesday evening, October 30, his many DIMETHYL SULFOXIDE to recognize the retirement on Novem­ 'friends, family, and colleagues will ber 1 of Lt. Gen. Thomas P. Stafford, a gather to salute Virlyn B. Smith, rep­ distinguished veteran of more than 27 resentative of Georgia House of Rep­ HON. STEVEN D. SYMMS years in the U.S. Air Force. resentatives District 42 , at a special din­ OF IDAHO General Stafford's exceptional service ner. The gathering is bound to be en­ IN THE HOUSE OF REPRESENTATIVES to the Nation as a test pilot, author, as­ thusiastic and it is more than well de­ Monday, October 29, 1979 tronaut, leader, and salesman has taken served. him to the frontiers of aerospace and The career of Virlyn Smith stands as •Mr. SYMMS. Mr. Speaker, today I am beyond. He began his career in 1952 fol­ a hallmark of what one individual, introducing legislation which would ap­ lowing graduation with honors from the through dedication and tireless efforts, prove the usage of dimethyl sulfoxide for U.S. Naval Academy. He started flying can contribute to the growth and en­ the treatment of scleroderma. as a fighter pilot and, later, went on to hancement of the community in which Scleroderma is a potentially terminal become an outstanding graduate of the he lives. and very painful, debilitating disease. Air Force Test Pilot School. He remained When I think of the progress and de- · The term "scleroderma" literally means at the school where he instructed fiight velopment of the south Fulton County hard skin and it is thought to result from test procedures and authored basic text­ area over the years, I think of Virlyn the narrowing of blood vessels, which in books and flight test manuals for the use Smith. South Fulton has always been turn leads to fi!brosis of skin and multiple of the staff and students. close to Virlyn's heart. And Virlyn has organs. In 1962, General Stafford was selected been close to the heart of south Fulton, It is classified as a collagen disease, by NASA in the second group of astro­ in fact since the day of his birth in 1922 although it is not primarily a disorder of nauts. His work in the space program has in the Grove Park community of Ful­ the collagen mole:ule. Collagen is found become legendary. In four space flights, ton County. In 1934, his family moved to be in excess and this causes the hard­ he pioneered the way for spacecraft ren­ to Faii"burn, Ga., and has been an es­ ening and thickening of the skin, partic­ dezvous on two Gemini missions and, on tablished part of that community since. ularly of the hands and fingers. Painful Apollo X proved the feasibility of man's Virlyn attended Fulton County public ulcerations generally appear in these first landing on the Moon. He command­ schools and graduated from Campbell areas, as well as the elbows and knees. ed the historic Apollo-Soyuz mission in High School in Fairburn. He attended Dimethyl sulfoxide or DMSO is a drug 1975 which marked the first meeting of Abraham Baldwin College in Tifton for that has the ability to penetrate tissue U.S. astronauts and Soviet cosmonauts 1 year before volunteering for military that is hardened, thereby preventing the in space. He served as the chief of the service to his country during World War ulceration and possible amputation of NASA astronaut group and as the com­ II. fingers and toes when applied topically. mander of the Air Force Flight Test Cen­ He married the former Dorothy Tan­ And, when given intravenously, tremen­ ter at Edwards Air Force Base, Calif. ner of south Fulton. They have had a dous results have occurred in the preven­ We have been privileged to have Gen­ marriage of 31 years and have a fine tion of the hardening of tissue which sur­ eral Stafford before many of our House family of two daughters, Sandra Rozes rounds organs. committees while he was with NASA and and Sheila Crawford, both living in Fair­ The history of DMSO is the story of re­ in his most recent assignment as the Air burn, and one son, V. B., Jr., who is a markable cures and government vacilla­ Force Deputy Chief of Staff for Research, graduate of Georgia State University. tion. Dr. Stanley Jacob of the University Development, and Acquisition. We who know him well know Virlyn of Oregon Medical Center has been work­ Tom Stafford's quest for excellence as a steadfast family man, a well­ ing with this drug since its inception in has taken him farther, faster, and higher respected businessman, and an active 1962. The drug, which is an inexpensive than most of us dare to dream. He has member of his church, the Fairburn First substance, was widely used for the treat­ fl.own more than 7,000 hours in 110 dif­ Baptist Church. Beyond these, he has ment of various illnesses until 1965 when ferent aircraft and 4 spacecraft--includ­ found the time, and given it selflessly the FDA called a halt saying that animal ing more than 500 hours in space. through the years, to the Fairburn Civic studies showed that the lenses in the eyes The numerous honors bestowed upon Club, the South Fulton Chamber of Com­ of test animals clouded over when they him reflect the gratitude and esteem of merce, the Fulton Board of Education, were overdosed with DMSO. Although our Government and our people as well the Veterans of Foreign Wars, the Ma­ none of the persons who had used the as that of many foreign countries. His sons, the South Fulton Hospital, and drug had the eye problem, the FDA has counsel is sought by leaders of Govern­ the Campbell High School PTA. In all persisted in its ban with the exception of ment, business and industry. His October 29, 1979 EXTENSIONS OF REMARKS 30013 achievements reflect the pioneering spirit there is not much more the central systems Union will ever accept any kind of ceiling, can do for us. not to mention taking out some of what they and boundless energy that have made What then becomes of vital importance is have already deployed, unless we can make this Nation great. He has set an example the balance on the lower rungs of the ladder. it in their interest to do so. For their part of inspirational leadership and devotion If essential parity in central systems is mar­ they are perfectly satisfied with the situation to the United States that deserves our ried to a marked inferiority in the conven­ as it is, so satisfied that Mr. Brezhnev as a highest praise and appreciation. tional, tactical nuclear and theatre nuclear gesture can offer to withdraw 20,000 troops It is a privilege for me to be able to fields we will find ourselves in an inherently and 1,000 tanks from Eastern Europe without unstable situation. To deter aggression the even bothering to link it to the MBFR nego­ call Tom Stafford a personal friend. He tiations that he has stalled for so many years. will be sorely missed in the active duty potential aggressor must recognize in advance that he cannot win, that sooner or later the Of course, Mr. Brezhnev's offer is interest­ ranks of the U.S. Air Force, but we all war will escalate to a point where be would ing, and there can be no question but that wish him well in his future endeavors.• lose. Formerly that point was represented by the Alliance must take it up and turn it to the unmistakable threat of retaliation with our advantage, indeed to the advantage of intercontinental nuclear Inissiles. Winning humanity. But it is in itself far from suffi­ on all other levels of conflict, there the ag­ cient to give us the stability and security we are searching for. It does not include Soviet NORTH ATLANTIC ASSEMBLY gressor would still lose it all. Today, our adversary still cannot win on nuclear forces in Europe; while they are the level of central systems, but neither can modernizing at the rate of one nuclear war­ HON. G. WILLIAM WHITEHURST we. No one will achieve anything by letting head per day, we are to forgo modernizing a war escalate to the very top: it will rob our systems that border on obsolescence. The OF VffiGINIA the winning side of the fruits of victory, but withdrawal of approximately two divisions IN THE HOUSE OF REPRESENTATIVES it will not prevent the losing side from los­ and 1,000-presumably old-tanks, does not constitute a balanced deal. Monday, October 29, 1979 ing. A war bringing these systems into play will be pointless, and will be recognized as So the arms control approach must be pur­ e Mr. WHITEHURST. Mr. Speaker, last such on both sides. The ultimate deterrent, sued, but we must clearly recognise that week I was privileged to be one of the as indispensible as it is, loses much of its alone it will not suffice. It must be coupled force by losing much of its rationality. We with a modernisation of NATO forces that U.S. delegates to the North Atlantic As­ will restore a reasonable balance, and at the sembly meeting in Ottawa, Canada. Mr. face a situation where the lethal misconcep­ tion could arise that a war against European same time put the Warsaw Pact on notice Paul Thyness of Norway presided over members of the North Atlantic Alliance that that unless SALT ill includes ceilings on the 25th annual session as president, and does not threaten the survival of North Amer­ nuclear forces in Europe we will be headed I had the pleasure of hearing his address. ica may be fought and won without ever for an arms race that, given our relative eco­ Mr. Thyness brought a message cogent nomic and technological advantage, they escalating to the top. cannot win. not only to the European delegates but to This is the situation we may shortly find This may seem to be a brutal awakening ourselves in if we do not soon make some all of us in the great Western alliance. from our dreams of detente. And indeed it is. Essentially, the message is a warning, very difficult decisions. For a long time the But we have no reason to feel cheated. By our and because these words come from one conventional gap has again been widening, own choice we have clung to our own percep­ of the smaller allies, I think that my not so much in numbers perhaps, but cer­ tion of detente as a comprehensive concept, tainly in capabilities. Our lead in military refusing to accept that our perception was colleagues in the Congress would do well technology has not been maintained, or at to read them carefully. Mr. Thyness is a not shared by the Soviet Union, and that we least not sufficiently utilised. We are now had no means of making them share it. In great patriot, and we are fortunate to facing superior numbers of conventional the end-at the very end of a long, long have him as such an effective spokesman forces abundantly equipped with weapons road-detente may become a comprehensive for the North Atlantic Assembly. systems often more advanced than what we thing. But going down that road, as indeed The message follows: are able to bring into the field against them. we must, each milestone we reach is only a And our edge in short and medium-range nu­ milestone reached. No more, no less. The NORTH ATLANTIC AsSEMBLY clear weaponry is gone, wiped out by the mo­ (By Mr. Paul Thyness) CSCE conference relaxed tensions on the bile, MIRV'ed and more accurate SS-20 mis­ continent of Europe, but was accompanied Distinguished guests, fellow delegates to sile deployed in steadily increasing numbers by more strained relations in other parts of the North Atlantic Assembly, ladies and beyond the reach of our systems. In a few the world. The valuable achievements of gentlemen, years' time, what wlll there be to prevent the SALT I and SALT II were accompanied by We meet at a particularly crucial time in Soviet Union from concluding that they could the development and deployment of the the life of the North Atlantic Alliance. Thirty attack Western Europe with practically no SS-20 and the Backfire bomber. years ago the Alliance was formed to give a risk of retaliation? And equally important­ There was never any deception involved. weak and war-devasted Western Europe the perhaps more important: what is there to We were always plainly told that the strug­ protection of the world's then only nuclear prevent us from knowing the same thing, and gle between communism and our system of power, the United States of America, and at tailoring our acts to fit this knowledge? What economic and political government was to the same time to pro.vide a framework for wlll our national sovereignty really be worth go on. Only we did not listen. As with other co-operation in building a counterforce to when we are unable to defend it successfully, unwelcome signals we did not choose to turn the vast conventional superiority of the So­ and both sides know it? on the receiver. viet Union on the continent of Europe. Basically, there are three options open to Why is it so? Some would say contemp­ We never really succeeded in building that us. First, we can let things go on as they tuously that we did not have the will and counterforce, but we did manage to narrow are, hoping against all experience that noth­ the courage to face the facts. That may be the gap both in actual numbers and by bring­ ing will happen, that the acquisition of a so. But I believe that this assertion under­ ing our superior technology to bear. As long substantial superiority in conventional and estimates the infiuence of our own ideals and as the Alliance had a monopoly or a near nuclear capabilities in Europe will not influ­ values, values that make us recoil from the monopoly of nuclear forces, some inferiority ence Soviet policies and that the knowledge senselessness of war, that make us see the in conventional forces did not matter too of substantial inferiority will not influence inherent oointlessness of the means of war, much. us. Second, we can embark on a massive re­ that mak-e us recognise the threats to our But sooner or later this situation had to armament of conventional and nuclear force£ ideals springing from tension and confronta­ change. There never was any way to prevent in Europe to match what the Warshaw Pact tional policies. Our concern for material the Soviet Union from acquiring its own in­ has done and is doing, hoping to meet some­ well-being is not "softness". It may lead to tercontinental nuclear capability. And when how the heavy demands this approach will "softness", but in essence it is a commitment that happened it became of small importance put on public opinions and national budgets. to the idea of peace, a commitment to mak­ whether our central systems were superior to Or third, we can try to install by agreement ing the lives of all men richer, more meaning­ theirs, or vice versa. Once both sides acquired a ceiling on conventional and nuclear force ful, more secure; a commitment to free man­ a second strike caoability-that is, the ability levels in Europe, just as SALT II has done kind from the degradations of poverty, hun­ to infiict intolerable damage even after itself with regard to the central systems. ger, disease, fear and war. These are worthy absorbing a first nuclear attack, or "mutual The arms control approach is certainly the goals and if the price of pursuing them is assured destruction"-we had in fact arrived most attractive alternative, but simply the label of "soft" or "wooly-headed", so be at a plateau where incremental advantage in choosing this alternative will unfortunately it. the area of central systems no longer paid not automatically give us the security we But as all politicians know the choices political, diplomatic or military dividends. I seek. We mw:t recognii:-e that in the day of are rarelv simnle and clearcut, with all the would like to underline this point: a com­ strategic nuclear parity, the present and good and valid arguments only on one side. petition in throw-weight or numbers of war- near-future military balance on the conti- Human nature. with all its contradictions, heads is not very relevant. We must do what­ nent of Europe is not something we can live takes care of that. The basis for the pursuit ever necessary to preserve our second strike with very long. We must also reco~se that of our ideals is our free and sovereign socie­ capability, but as long as that is Intact there ls no reason to believe that the Soviet ties. We a.re the custodians of a value system 30014 EXTENSIONS OF REMARKS October 29, 1979 developed over thousands of years, and our as only an international body can do. They sion schedule than either a waiver of the societies have been painst akingly developed have reached some conclusions, and today affected law or EMB seizing jurisdiction to serve this value system. Neither our so­ and tomorrow we will debate them publicly cieties nor our values are in any way perfect, and take a stand on them. of agency decisions "bump-up." These but they are by far the best, the most humane Acting as and through the North Atlantic latter two options are the enforcement and the most capable of improvement. The Assembly we have no power to implement mechanisms used by the Commerce Com­ conflict between on the one hand improving our decisions. Bureaucracies will not act on mittee bill as amended by Mr. SANTINI. our societies and living by our values and on our resolutions and recommendations. But A. "BUMP-UP" t he other, preserving both in a rough and leadership is not always dependent on formal t umble world, cannot be neatly solved. Poli­ powers. At this crucial point in the life of the Advocates of "bump-up" claim it is the tics is not an exact science, it has always Alliance this body can sound a call to action only enforcement mechanism that will been the art of finding and maintaining the that has every chance to be heard and work, enabling the Board to police in­ best possible balance between competing and heeded in a world where leadership is in transigent Federal, State, and local agen­ sometimes contradictory goals under con­ short supply. This is our responsibility, this cies while requiring the Board to- stantly shifting sets of circumstances-and is our opportunity.e . . . apply the decision criteria in Federal, in our time also within the limits of current State or local law that would have been voter-perceptions. applied had the Federal, State or local agency For a long time now democratically elected made the decision [S. 1308, S21(a) (2)] politicians of all political hues have shown COURT ENFORCEMENT IS THE BEST a strong reluctance to tackle the tough deci­ If agencies are faced with immediate sions. It is not very strange. On the wings WAY TO FORCE AGENCIES TO MAKE ENERGY DECISIONS ON bump-up when an EMB-imposed dead­ of the spread of education and the instant line is missed, they will have three bad transmission of news and information TIME through electronic media, voters have be­ choices: First, let the EMB preempt their come less and less willing to -follow their authority; second, make a decision on elected leaders. The electorate has been frag­ HON. TIMOTHY E. WIRTH what they view as an unreasonable mented into big and small special interest OF COLORADO timetable; or third, protect their juris­ groups cutting across traditional party lines, IN THE HOUSE OF REPRESENTATIVES diction by denying the permit-some­ sceptical, critical, suspicious and strident. thing no one wants to see. The bump-up Politicians, who are in the popularity busi­ Monday, October 29, 1979 proposal, now being suggested by Mr. ness, and should properly be there, have understandably developed a stand-off attitude • Mr. WIRTH. Mr. Speaker, as the DINGELL will thus encourage negative in the face of this welter of signals. Great House approaches decisions on the En­ decisions on priority energy projects. Im­ skill has been used to explain away unpalata­ ergy Mobilization Board, debate over the mediate bump-up to EMB has numerous ble facts and to construct sophisticated alternative methods to force agencies to other serious problems. theories for not doing what might generate make decisions according to a project If the Board uses its takeover author­ opposition. Only that which will iw unno­ decision schedule established by the En­ ity with any frequency, it will itself be­ ticed-and that is not much in today's world ergy Mobilization Board has intensified. come a source of delay, for it wlll be of investigative journali:::m- or that which I would like to take this opportunity to compelled to master the relevant stat­ will please many and offend none, seems to be politically possible. explain the primary enforcement mecha­ utes, acquire the necessary technical ex­ nism contained in the Udall-Clausen­ pertise and analyze the record developed But decades of following the way of least resistance have finally brought us face to Wirth substitute, and to answer the con­ by the agency, obtaining additional data face not only with a great number of painful cerns expressed by some Members as to to fill in gaps in the record. That process problems that do not lend themselves to both the power of the courts to enforce is far from simple. The agency would easy, painless solutions, but also with a deep deadlines and the time required to do so already have months invested by the malaise in our societies that only a new kind when compared to other alternatives, time the Board took over. of political leadership can cure. such as waiving laws or allowing the EMB One of the ma.ior sources of delay in Among the many things that worry our to immediately seize jurisdiction over a implementation of new Federal and State voters, our lack of military preparedness is delayed decision. environmental laws has been the time not a main item. But then they were not The answer is not simple, for the pro­ worried about most of the problems they face necessary to hire and train staff and de­ today, when those problems were still small cedures that the legislation seeks to ex­ velop policy. But with bump-up the enough to be manageable. I believe our prob­ pedite are as varied as the geographical Board will not be faced with the problems lems of defense still to be manageable, and I areas they will affect. Agency permitting, of starting up a single program. Each believe they should not be allowed to grow. licensing or ratemaking decisions rarely priority energy project may require sev­ If we, the elected leaders have not only the entail a simple "yes" or "no" to a clearly eral hundred licenses and permits. Thus, courage of our convictions, but also the cour­ defined question. On the contrary, agen­ using bump-up frequently, the Board age to form convictions, I believe we will cies normally exercise legislatively dele­ would have to start up dozens of different meet with a deep response from the same gated authority to apply complicated voters who now seem to refuse to be led, who permitting, licensing, ratemaking and now seem intent only on their own immedi­ statutory requirements to complex facts planning programs as it enforced nu­ ate gratifications. in order to develop detailed license or merous deadlines. Our generation has been called the "me­ permit provisions. This process often in­ The Board is generally conceived of as generation", and it certainly looks like that. volves the analysis of extensive techni­ a relatively small, streamlined agency, But I believe that deep down there is a cal data, tough negotiation with the ap­ but the burden of taking over decisions yearning in the me-generation for leadership plicant and the exercise of informed dis­ ranging from local zoning ordinances to at all levels. Not a feudal, arrogant sort of cretion. hazardous waste disposal requirements leadership that could suffice a generation ago. Agency decisions reflect not only Leadership today is much more demanding. would require the Board to grow very statutory requirements, but also policies large very quickly. The result would not It is not enough just t o act, and leave it to and judgments based upon particularized the results to justify the action. Today we be speed, it would be bureaucratic chaos, must explain convincingly beforehand why expertise and experience. A surface min­ long delays and poorly crafted decisions action is necessary, and in what way. This re­ ing or clean air permit is not like a driv­ unsatisfactory to the parties and vulner­ quires that a politician be informed about er's license which, once obtained, is sim­ able to litigation. facts and differing viewpoints. ply carried in the holder's wallet. Rather, For months the organisation of the North such permits contain explicit require­ Notr will the requirement that the Atlantic Assembly has been working to ments of affirmative conduct designed to Board apply the "decision criteria" the gather facts in a number of fields where ac­ assure that the permittee complies with agency would have applied assure ful­ tion is necessary. In addition to SALT II and relevant statutes. fillment of underlying statutory pur­ modernizat ion of theater nuclear weapons we poses. It does not require the Board to are also confronted with other major prob­ The proposed enforcement mecha­ apply the displaced agencies' policies, lems demanding decisive action, such as the nisms can only be evaluated in light of nor follow its procedures. Most agencies energy-problem and expanded economic co­ this reality. operation with Portugal and Turkey. These exercise wide discretion. The Board is I . WHY THE SUBSTITUTE USES THE COURTS TO a single-mission agency. Its function is are also areas where the lack of political skill ENFORCE DEADLINES and will within the Alliance may cost us to get projects built fast. Inevitably the dearly in a not too distant future. For two We chose court enforcement because it Board would bring to its decisions a days our committees have sifted these facts is a far more effective way of enforcing strong bias toward the approval of ap­ and discussed them from different viewpoints agency compliance with a project deci- plications and the issuance of permits October 29, 1979 EXTENSIONS OF REMARKS 30015 and licenses containing terms favorable In the Commerce bill as amended by local officials. * That power has been ex­ to the applicant. Congress and the Representative SANTINI, these waivers ercised forcefully and effectively over the States have separated safety and health could be initiated whenever the Board past several decades in a variety of areas. responsibilities from other governmental felt any agency review would not be In Baker v. Carr, 369 U.S. 186 ( 1962), the functions specifically in order to exclude timely, or would not grant project ap­ Supreme Court held that it was within the type of bias the Board would have. proval. This judgment would be the the power of the Federal courts to re­ Promotion and regulation are distinct Board's alone, because it would not be dress imbalances in voting rights. The and incompatible functions. subject to judicial review. Court explicitly approved district court Finally, the threat of Board takeover The concept of waiving laws that stand intervention in the State and local polit­ would injure the integrity of agency pro­ in the way of the swift completion of en­ ical process even to the extent of order­ cedures and authority. Agencies faced ergy projects offers the appeal of brutal ing the State to fallow a judicially devel­ with deadlines that they felt were in­ simplicity but it runs totally contrary to oped electoral scheme. Reynolds v. Sims, consistent with responsible exercise off the notion expressed by Chief Justice 377 U.S. 533, 585-6 0964). their authority would have two counter­ Marshall a century and a half ago: In desegregating the Nation's schools, productive but appealing options: To sit The Government of the United States has the courts have been bitterly attacked emphatically been termed a government of for the breadth and stringency of their on their hands and leave all the work law and not of man. Marbury v. Madison, 1 for the EMB, or to deny the applica­ Cranch 137, 151 (1803). intervention. The Supreme Court has tion whatever the state of the record. plainly and consistently stated that the Both options would engender delays, It provides a system of special treat­ equity powers of the courts are broad controversy and litigation. Neither is ment for special interests administered and should be exercised however neces­ consistent with the goal of improving by a new Federal superbureaucracy con­ sary to uphold the law. Swann v. Char­ the process. trolled by the President. It places in the lotte-Meckleburn Board of Education, The Commerce Committee summarized hands of a political official with no ex­ 401 U.S. l, 15-16 0971). the major problems with bump-up in its pertise the power to balance public The Supreme Court has upheld close report on its own bill: health and safety against industry de­ involvement of the district courts in the mands of waivers that may be worth The Energy and Power Subcommittee dis­ management of Federal and State pris­ cussed extensively the proposal to allow the hundreds of millions of dollars. ons to assure minimal rights for prison­ Board to make decisions on behalf of Fed­ To the extent the waiver proposal in ers. In one such case, the Court observed eral, State, and local agencies with the the Commerce Committee bill is designed "Federal courts are not reduced to issu­ Administration, and other, witnesses. That to eliminate delay, it is a bizarre solution. ing injunctions against State officers and hearing indicated the existence of very seri­ It punishes society for the sins of bureau­ hoping for compliance. Once issued an ous problems with the concept. crats. It sweeps aside laws-often the injunction may be enforced." Hutto v. The Committee did not believe it wise to result of years of debate and complex Finney, 437 U.S. 678, 686 0978). permit the Board or the President to sub­ -compromises--designed to protect the And, of course, the courts have en­ stitute their judgment for those of the public because the agency charged with Federal, State, or local agencies. First, the forced the Federal laws against Federal implementing those laws has been slow officials in hundreds of cases. See, for Board is not impartial. The Board designates It projects as Priority Energy Projects and, in fulfilling its obligations. permits example, Kendall v. United States, 37 thus has necessarily concluded that these the law to be swept aside even if the de­ U.S. 02 Pet.) 524 0838); United States projects are in the national interest. It is lay is warranted and the issues complex ex rel. Accardi v. Shaughnessy, 347 U.S. scarcely likely later to conclude that its and dangerous. 260 0954) ; United States v. Nixon, 418 earlier judgments were wrong. Second, the The Commerce Committee bill permits U.S. 693 (1974). Board lacks the experience and expertise of the waivers ordered by the President to B . ENFORCING DEADLINES the agencies, particularly if its staff is lim­ include provisions to mitigate any ad­ ited to 60 people. It could not, in a short verse effects. But to the extent the Presi­ The above cases deal with matters far period of time, familiarize itself with all dent fulfills that obligation he will be more complex than the single question the laws, regulations and precedents of the making new law. of agencies acting according to deadlines. agencies it would displace. The only alter­ The right to sue to compel agency action native, and one which the Committee re­ C. WAIVER AND PRE-EMPTION DO NOT FORCE jected, would be to retain a large staff DECISIONS unreasonably delayed was held to be already competent in these areas. The Com­ Under the Santini amendment, the established by the Administrative Pro­ mittee believes a smaller staff will be more Board would be able to step in whenever cedure Act nearly 20 years ago. Deering efficient. it wished-again not subject to judicial Milliken Inc. v. Johnston, 295 F. 2d 856, Lastly, the Committee is concerned that review-to take away State, local or Fed­ 865 (4th Cir. 1961). See generally, note, more time might ultimately elapse if the eral decisionmaking authority. A final "Judicial Acceleration of the Adminis­ Board were to take over a matter from an decision by a State, Federal or local trative Process: The Right to Relief from agency because the Board would then be re­ agency would not halt either a waiver or Unduly Protracted Proceedings," 72 Yale quired to complete a record, promulgate rules L. J . 574 (1963). Although the right is of practice and procedure, and make a well­ preemption process after the Board had recommended this action. well established, many parties and their reasoned decision that would withstand attorneys are reluctant to seek relief in court challenge. The courts would examine II. CAN JUDICIAL ENFORCEMENT WORK? court for fear of angering the decision­ with great care a record made by multiple Yes. There is now no Federal statute agencies, under different sets of regulations maker. That concern will obviously not and procedures, to insure that due process in existence that explicitly commands affect the Board in carrying out its stat­ right bad not been violated. Allowing the the courts to use their broad powers to utory mandate under this act. Since Board to make agency decisions would create enforce specific deadlines, yet the courts Deering Milliken the courts have acted a much greater risk of unfavorable court ac­ nave repeatedly and effectively enforced to create or enforce deadlines in dozens tion, resulting in possible remand of the statutory deadlines for agency action, of cases, even where strict compliance matter to the agency (or the Board) with a and, indeed, have compelled agencies to with deadlines caused significant hard­ greater loss of time than if the agency had act expeditiously even in the absence of made the decision in the first place. ship. In Bethlehem Steel Corp. v. Train, deadlines. Although it is true that courts 544 F.2d 657 (3d Cir. 1976), cert denied As the Justice Department said in a July have sometimes failed to adopt stringent 24, 1979, memorandum, "supplanting deci­ remedies to enforce official compliance sionmaking strikes at the heart of State and • The power of the courts to compel official local sovereignty. Nothing is a more integral with deadlines, that failure has resulted action has been clear since Justice John governmental function than government it­ from judicial perceptions of Congress Marshall's seminal opinion in Marbury v. self." The Committee amendment leaves de­ intent, not from impotence. In the pres­ Madison, 1 Cranch 137 (1803). Federal Power cisionmaking to the proper levels of govern­ ence of an unequivocal expression of Commission v. Transcontinental Gas Pipeline ment. (Commerce Committee Report on H.R. congressional intent that certain dead­ Corporation, 423 U.S. 326 (1976) is irrelevant 4985, September 21, 1979.) lines be swiftly and strictly enforced, the in t his context. The Court there held that the B. WAIVERS DO NOT FORCE DECISIONS courts would act effectively. circuit court had exceeded its authority in ordering the FPC to take certain actions, Allowing the override of Federal, State, A. POWER OF THE COURTS but these actions were ordered by the court or local law does not force timely deci­ The Federal courts have the power to on its own authority. They were not con­ sions, it eliminates them. requide action of Federal, State, and tained in the statute. 423 U.S. at 332-333. 30016 EXTENSIONS OF REMARKS October 29, 1979 430 U.S. 975 (1977) , the court ordered the operating authority unlawfully withheld evaluation of the causes of delay would EPA to enforce a compliance deadline within 60 days. discourage delay by either applicant or that the parties stipulated to be physi­ (5) Home Box Office, Inc. v. FCC (D.C. Cir. 1977). The court held that the Commission agency. The possibility of a waiver of law cally impossible within the time allowed. had unreasonably delayed the completion of or decision by the Board might, on the Similarly, in State Water Control its "program exclusivity" rulemaking pro­ contrary, encourage applicant delays. Board v. Train, 559 F.2d 921 (4th Cir. ceeding. Although only 18 months had III. THE UDALL-CLAUSEN-WIRTH HYBRID 1977), the Court rejected the contention elapsed since the publication of the notice of The Udall-Clausen-Wirth bill provides of a sewage treatment facility that its proposed rulemaking and 12 months since the close of the comment period, the Com­ for judicial enforcement with a safety inability to comply with a deadline was valve. Under the substitute the EMB does excused because the 75 percent matching mission had been studying the problem for nearly six years. The court ordered the Com­ not have to wait until a deadline has funds provided by Congress for munici­ mission to "terminate" its program exclusiv­ passed to act. It can go to the Federal pal treatment facilities had not in fact ity proceeding within 180 days. As ordered, court of appeals whenever it is reason­ been made available. And in United the FCC acted within 180 days to terminate ably likely that an agency will fail to States v. Pennsylvania Industrial Chem­ the proceeding. meet a deadline. Under an expedited ical Corp., 411 U.S. 655 <1973), a pol­ (6) Booth American Company v. FCC, No. 23862 (D.C. Cir. 1970) . Plaintiff's application procedure, including 15-day filing re­ luter was held liable for failing to ob­ quirements, the Court is directed to act tain a discharge permit under section 13 for an emergency license had been pending before the Federal Communications Com­ quickly to require timely decisions. If the of the Rivers and Harbors Act at a time mission for 17 months. Even t hough there Court does not act to order a decision when there existed no means by which was no applicable statutory deadline, the within 120 days after the deadline is such a permit could be obtained. court ordered the agency to act on t he license missed, or an agency refuses to comply In some cases, even where there was request within 20 days or explain its failure with a court order, then the extreme no deadline in the statute on regulation, to do so. Fifteen days after the court order the FCC granted the license. remedy of a Presidential decision in place Federal courts have set their own time­ of agency action can be invoked. tables for compliance with statutory (7) Public Citizen Health Research Group v. Califano, C.A. No. 77-0911 (D.D.C.) On The Court is instructed to enforce the duties, and have compelled agencies to April 22, 1977, a petition was filed to remove original deadline except for clear, lim­ meet them. Natural Resources Defense the drug phenformen from the market as an ited exceptions when it can have the Council, Inc. v. Environmental Protec­ imminent hazard, pursuant to 21 U.S.C. § 355 EMB establish a more reasonable dead­ tion Agency, 475 F.2d 96B of immediate action, nothing was forth­ caused the final decision to be over­ States extensions under the act, the coming. Therefore, suit was filed on April 18 turned later anyway, because of a bad court set specific deadlines for both the and within three weeks the action was taken schedule. States and the EPA to meet. by the agency. This is a workable compromise, for it Numerous other recent cases have (9) PROD v. Train, C.A. No. 74-999, D.D.C. establishes a symbiotic relationship be­ yielded similar results. The following is EPA was required under the Noise Control tween the two enforcement mechanisms. a partial list: Act to issue a report on t he principal sources of noise, and to propose regulations for them, Judicial enforcement will work. Rarely if (1) Natural Resources Defense Council, by April 27, 1974. When it failed to meet that ever will the President have to intervene, Inc. v. Train, 411 F.Supp. 864 (S.D.N.Y.), but the possibility of Presidential inter­ aff'd, 545 F.2d 320 (2d Cir. 1976). The court deadline, PROD, a group of drivers of trucks and other vehicles, wrote the EPA on May 1, vention will animate the judicial en­ found that the Administrator of EPA was 1974, demanding that action be taken. The forcement proceeding. required to place lead on a list of pollutants report, but not the proposed regulations, pursuant to § 108 of the Clean Air Amend­ The President will be insulated against ments of 1970, since it was undisputed that was issued on June 21, and on July 2 suit was an unmanageable burden of decisions lead met the prerequisites for such listing. filed. The government obtained several de­ and the Board protected against those When the Administrator refused to place lays in responding, but after it did and be­ few courts which will not obey this lead on the list, the court directed him to fore the court could rule, EPA issued the statute.• do so, ordering " . .. that the Administrator rules on October 15, 1974. place lead on the list of pollutants, in ac­ Unlike the situations which would cordance with the mandate of § 108, within arise under the Udall-Clausen-Wirth TRIBUTE TO PAT VIVO 30 days from the date of this decision." 411 substitute, in none of these cases was F.Supp. at 871. See also Naporano Metal and Iron Co. v. Secretary of Labor, 529 F.2d 537 the court able to rely on statutory lan­ (3d Cir. 1976) , and National Treasury Em­ guage clearly evincing Congress' intent HON. LYLE WILLIAMS ployees Union v. Nixon, 492 F.2d 587 (D.C. that the full powers of the courts be OF OHIO Cir. 1974). used to enforce immediate compliance IN THE HOUSE OF REPRESENTATIVES (2) Cherry v. Mathews, 419 F.Supp. 922 with a deadline. Such language will en­ (D.D.C. 1976). The court required the Sec­ able the courts to act forcefully and un­ Monday, October 29, 1979 retary of HEW to issue regulations imple­ ambiguously to require whatever steps e Mr. WILLIAMS of Ohio. Mr. Speaker, menting § 504 of the Rehabilitation Act of would enable the agency to meet its dead­ 1973, 29 U.S.C. § 794. Although that act con­ every community has its boosters, and tained no specific provision giving the fed­ lines. on occasion an unusual citizen is found eral agency rulemaking authority, the court C . INSURING QUALITY whose contributions are worthy of spe­ determined that Congress intended that HEW Judicial enforcement would also insure cial note. Such is the case with Pat (Mrs. promulgate regulations designed to further the integrity of the agency decisional Anthony) Vivo of Youngstown, Ohio. the goal of eliminating discrimination process. The Court would provide a neu­ Chosen this year's Woman of the Year against people on the basis of a handicap. tral forum in which agency assertions by the Truman-Johnson Democratic (3) Illinoi s v . Castle, Civil Action No. 78- that the time provided by the project Club, Pat Vivo was cited especially for 1689 (D.D.C . 1979). The court issued a writ decision schedule was inadequate for the her untiring work with the hearing of mandamus to compel expedited promulga­ impaired, and with the cancer society. tion of overdue solid waste regulations. agency to carry out its statutory func­ (4) North American Van L i nes v. United tions could be evaluated. The compliance Patricia Vivo is a woman with a wide States, 412 F .Supp. 782 ( N .D . Ind. 1976 ) . The schedule, procedures, and other require­ variety of interests and involvement. She court ordered the Interstate Commerce Com­ ments imposed by the Court would reflect has served on the board of the American mission to grant or deny applications for new practical reality. The prospect of judicial Cancer Society of Mahoning County in October 29, 1979 EXTENSIONS OF REMARKS 30017 an outstanding way, chairing door-to­ who aggressively compete or attempt to offer U.S. District Judge Oliver H. Gasch has door campaigns, conducting "Stop new services"? ruled that President Carter, or any Pres­ But no matter what the outcome of the ident, may not unilaterally terminate a Smoking Programs," giving anti-smok­ FTC's well-considered, five-years-in-the­ ing seminars in area schools, speaking on making 526-page report, you will remain an treaty without the prior advice and con­ breast self-examination and uterine can­ easy target for the unethical minority unless sent of the Senate or the approval of cer, and in the past 5 years has spoken you know the basic guides to protect yourself both Houses of Congress. In Judge to more than 6,000 Catholic school sen­ at a time of deep emotional turmoil. Gasch's words: iors on the subject of marriage. She has All human cultures and some animal cul­ The decision cannot be made by the Pres­ tures as well have death ceremonies of one ident alone. held high PTA offices in all three schools kind or another-and funeral directors cor­ in which her children have been rectly emphasize that these ceremonies do Mr. Speaker, the judge has reaffirmed involved. help meet the social and emotional needs the powers of the Congress and has up­ Mr. Vivo's parents, Mary and Leo Gil­ of the survivors. held the historical and legal precedents boy, were deaf and Pat is very interested But the amount of money you spend on of congressional authority in the termi­ in the education of the deaf in Ohio. She the death ceremonies bears little relation­ nation of treaties. The American people speaks frequently on the subject and ship to the effectiveness of those ceremonies and the cause of Republican government serves on the State Advisory Committee in meeting your human needs. A thoughtful memorial service, held in a church, private have been clearly vindicated. I ask my for Deaf Awareness. home or other meeting place at little or no colleagues to ponder the significance of Holding a degree from Youngstown expense to you, can actually be more helpful this recent judicial determination. State University, Mrs. Vivo has taught in than a costly funeral service. The article follows: local schools. She is also a lay commen­ There are two basic forms of death cere­ GOLDWATER & Co. WIN ROUND ONE: JUDGE tator and reader at St. Luke's Catholic mony: JEOPARDIZES CARTER'S CHINA POLICY Church. A funeral service which is, by definition, a service held in the presence of the body. Who would have thunk it? While he has But her proudest achievement appears had few diplomatic triumphs, President to be her role as the wife of Anthony Before you order a funeral service, you must be sure you are fully aware of exactly what Carter has been pretty well having it all Vivo, and the mother of eight fine chil­ services will be included and what each will his way in connection with his efforts to cud­ dren. Our community is a better place cost. dle closer to Peking. Last December, the because of them all.• Do not simply accept a "package deal." In­ President announced he was breaking rela­ sist on a written rundown on all costs and tions with Taiwan, establishing ties with charges-no matter what the laws or regula­ Communist China and sundering the Mutual tions do or do not allow. Defense Treaty of 1954. FTC WILL RULE ON FUNERALS A memorial service which is, also by defi­ While this was not greeted with the "mas­ nition, a service held after the body has been sive applause ... throughout the nation" removed. In the memorial service, attention that Carter had once predicted would be the is focused on the life of the person rather case, the Congress, with only a minority in HON. GLADYS NOON SPELLMAN sharp disagreement, passed legislation fun­ OF MARYLAND than the dead body-and the service oiiers greater flexibility in choice of location, tim­ tdamentally implementing the President's IN THE HOUSE OF REPRESENTATIVES ing and programming. policy. Only last week, Marshall D. Shulman, the State Department's senior expert on Monday, October 29, 1979 The use of a memorial service often can slash the expenses of a death to a fraction Soviet affairs, testified that the Administra­ • Mrs. SPELLMAN. Mr. Speaker, today of what would otherwise be involved. If well tion was now prepared to persuade Con­ the House approved the rule on the Fed­ handled, it can in most cases serve the hu­ gress to extend most favored nation treat­ eral Trade Commission making in order man needs just as well as or better than a ment to Peking, apparently feeling little an amendment to delay or halt action funeral service. embarrassment that the Chinese were in on the funeral trade. While the majority You have many optional procedures for the process of sentencing a dissenter to 15 handling this defiantly difficult situation. years' imprisonment, partly on the grounds of funeral homes adhere to high ethical Here are your options in ascending order of that he strongly questioned the tenets of standards, the public needs to be pro­ cost, as prepared for me by Ernest Morgan, communism. tected from the unethical fringe element author of "A Manual of Death Education and The Carter policy of rapprochement, how­ of the trade. With this important legisla­ Simple Burial" ($2 postpaid, Celo Press, ever, has suddenly stumbled upon an ob­ tion soon to be discussed in this Chamber Burnsville, N.C. 23714) . stacle, the federal court system. In a stun­ I am submitting for the consideration of Bequeathal to medical school. Immediate ning legal and foreign policy setback to the my colleagues an article by Sylvia Porter removal of body, with memorial services to Administration, U.S. District JudP-"e Oliver which appeared in the July 8 Washing­ be held later if desired. Usually no cost at H. Gasch upheld the suit brought last Febru­ all involved. ary by Sen. Barry Goldwater (R.-Ariz.) and ton Star. I hope they all will take the Cremation. Immediate removal of body fol­ 23 other lawmakers• who challenged the time to read it. lowed by memorial service if desired. Small right of the President to unilaterally break FTC WILL RULE ON FuNERALS cost, if properly planned. the defense treaty with Taiwan. (By Sylvia Porter) Bequeathal to medical school after a fu­ Almost certainly, this suit will finally end up in the High Court, but, assuming Gasch's Before this summer ends, it is ra virtual neral service. Usually more expensive, de­ pending on type of service. decision prevails, our whole China policy certainty t..hat the owners of the nation's could unravel, for one of the major Peking more than 20,000 funeral homes will be Burial. Immediate removal of body fol­ lowed by memorial service if desired. May demands--the price for "allowing" us to slapped with the toughest regulations ever recognize it-was the demand that we sever imposed on their industry-rules directly be either less or more expensive than above. Cremation, after a funeral service. Com­ the defense pact. aimed at outlawing the unscrupulous prac­ If eventually upheld, the Gasch opinion tices of the unethical fringe which crashes in parable to the above two methods. on grief. Burial after a funeral service. Most ex­ will have an impact far beyond the narrow pensive of all.e confines of the China question, however. Despite the denials of the National Fu­ For what the judge has done is to greatly neral Directors Assn. (it spent at least $800,- circumscribe the foreign policy powers Presi­ 000 in a vain effort to stop the FTC from dent Carter had eagerly sought to assume. issuing its sharply critical report, and it As we noted in our January 6 issue, "What threatens to fight any rules through the THE MUTUAL DEFENSE TREATY is startling about the suit ls not that Gold­ courts). the existence of .abuses in this in­ AND CONGRESSIONAL AUTHORITY water and his conservative allies in Con­ dustry, simply cannot be denied. gress are backing it, but that very few liberals Sure, the majority of funeral directors in the. U.S. are, as the FTC says, courteous, HON. ROBERT K. DORNAN •senators Curtis (R.-Neb.), Garn (R.­ ethical and effective. But how can the fu­ OF CALIFORNIA Utah), Hatch (R.-Utah), Helms (R.-N.C.), neral directors association defend those in IN THE HOUSE OF REPRESENTATIVES Humphrey (R.-N.H.), Laxalt (R.-Nev.), Mc­ its $6.4 billion industry who force the con­ Clure (R.-Idaho) and Thurmond (R.-S.C.) fused survivors to buy expensive caskets, Monday, October 29, 1979 Also Representatives Ashbrook (R.-Ohlo). even for cremation? e Mr. DORNAN. Mr. Speaker, I would Bauman (R.-Md.), Burgener (R.-Calif.), Col­ Or who proceed with a costly embalming lins (R.-Tex.), Robert Daniel (R.-Va.), Dor­ process without permission? Or who refuse to like to call to the attention of my col­ nan (R.-Calif.), Edwards (R.-Okla.), Ging­ provide vital information on prices and other leagues an article which appeared in Hu­ rich (R.-Ga.), Hansen (R.-Idaho), McDonald relevant subjects to the bereaved survivors? man Events on October 27, 1979, con­ (D.-Ga.), Quayle (R.-Ind.), Rousselot (R.­ Or who, in the FTC's own words, "have har­ cerning the rights of Congress in the Calif.), Rudd (R.-Ariz.), Stump (D.-Ariz.) assed and intimidated low-priced sellers ... termination of treaties. As you know, and Symms (R.-Idaho). 30018 EXTENSIONS OF REMARKS October 29, 1979 are on record as favoring the Arizona.n's Narrowing his focus to the case at hand, role of villain is mistaken or wrong-headed position. Even if some actually believe that Gasch concluded: "At least unde.r the cir­ action by the government itself. the President currently has the sole right cumstances of this case-involving a signif­ to tear up a treaty, why aren't they out icant mutual defense treaty with a faithful We know today that the Great Crash fighting to put major restrictions on such ally, who has not violated the terms of the of 1929 and ensuing depression did not an awesome presidential prerogative?" agreement, and the validity of which has just happen. This was no spontaneous If the President is "allowed to unilaterally not otherwise been destroyed-any deci­ "collapse of democratic capitalism." In terminate the Taiwan pact," we noted, "virt­ sion of the United States to terminate that fact, they did not even have to happen. ually all of our major security agreements treaty must be made with the advice and will exist at the whim of the White House." consent of the Senate or the approval of The "great crash and depression" were Indeed, policy analyst Samuel T. Francis both houses of Congress. The decision can­ virtually enacted by national leaders­ of the Heritage Foundation-which widely not be made by the President alone. . . ." mostly Republicans, unfortunately-who distributed the Goldwater case in opposition Where does all this leave this nation made disastrously wrong choices about to unilateral abrogation of the treaty be­ legally? Last December, the President an­ economic policy in the late 1920's and fore the President had actually moved on nounced that the Mutual Defense Treaty early 1930's. the issue-spotted at least seven other U.S. would lapse at the beginning of next year. Back in 1929, the choice was whether security treaties with the same type of can­ Gasch's decision includes an order enjoin­ or not the United States Government cellation clause as the Taiwan pact. Among ing the secretary of state and "his subor­ the treaties Francis mentioned were NATO dinate officers" from "taking any action" to should impose sweeping tariff increases, and our mutual defense treaty with South implement the President's order of termi­ huge enough to destroy world trade. Korea. nation. Congress and the administration did so, "If it ls resolved that the President alone Meanwhile, the Justice Department says it and in the last week of October, 1929, the has the authority to invoke t he abrogation plans to take the case to the U.S. Circuit stock market correctly anticipated the mechanism," said Francis, "it would then Court of Appeals, which has just been packed result, a worldwide recession. These same !allow that he has the authority to do so with two extreme liberals-Patricia Wald leaders turned that recession into the with any other treaty with a similar clause." and former Rep. Abner Mikva (D.-Ill.). In­ Great Depression with their shortsighted The Gasch opinion virtually embraced the terestingly enough, Sen. Humphrey, who has Goldwater case whole, in no small part be­ been of considerable aid to the Washington and unsuccessful attempt to balance the cause o! the legal work done by Terry Emer­ Legal Foundation and ls a party to the Gold­ Federal budget by more than doubling son, the Goldwater aide who put together water suit, vigorously !ought the confirma­ income tax rates on all struggling Amer­ the major Goldwater speeches in opposition tion of both individuals. Whether they will icans. This second error drove the Na­ to the President's break with Taiwan, and decide to remove themselves from the case tion's unemployment rate to nearly 25 the Washington Legal Foundation, a low­ because of possible prejudice, however, is percent. budget, non-profit firm that successfully unclear. Today the United States faces a choice challenged the entire State Department and For the nonce, however, conservatives about the future similar to the one it Justice Department legal apparatus be!ore should profusely thank Goldwater & Co. for Judge Gasch's court. The sparkplug o! the sticking to their guns on the issue and pro­ faced in October of 1929 and similar dis­ foundation ls 28-year-old Daniel J. Popeo, ducing what could turn out to be a momen­ astrous blunders are being made by a who contends that Sen. Gordon Humphrey tous victory !or the American system of Democratic administration and Con­ (R.-N.H.) ls his hero, since Humphrey kept government.e gress, who, to be charitable, simply do helping the foundation raise the funds nec­ not know what they are doing. Some of essary to fight the case. the mistakes being made-like raising Asserting time after time that the gov­ REPRESENTATIVE KEMP URGES A tax rates in the midst of a recession-are ernment's arguments were "unpersuasive," NEW LOOK AT CLASSICAL ECO­ Gasch contended-along with Emerson and frighteningly close to those which trig­ Popeo--that the "President could not act NOMICS ON THE 50TH ANNIVER­ gered the Great Depression. Other mis­ unilaterally in terminating the treaty." SARY OF THE GREAT STOCK takes are new, like the policy of devalu­ "The great majority of the historical prec­ MARKET CRASH ing the dollar at the rate of 13 percent edents," said Gasch, "involve some form a year. In the 1930's, the problem was o! mutual action, whereby the President's unemployment. Today, we face two notice of termination receives the affirma­ HON. JACK F. KEMP problems: Unemployment and high tive approval of the Senate or the entire OF NEW YORK inflation. Congress. Taken as a whole, the historical IN THE HOUSE OF REPRESENTATIVES precedents support rather than detract from The irony here is that much of the the position that the power to terminate Monday, October 29, 1979 economic theory guiding us today derives treaties ls a power shared by the political • Mr. KEMP. Mr. Speaker, 50 years from the Keynesian model, which began branches of this government." as an attempt to explain the "great Stressed Gasch: "The mere fact that the today the bottom fell out of the U.S. crash" of 1929. Yet the Keynesian model President has the authority to make an stock market, marking the start of the never fully explained why the crash oc­ initial policy determination regarding the Great Depression. On Black Tuesday, curred, any more than it can explain the exercise of an option to terminate, and to October 29, 1929, frightened stockholders stagflation of the 1970's. There is only notify the foreign state of termination, does rushed to sell out as trading volume not vest him with the unilateral power to one theory that can explain both, I be­ soared to an unprecedented 16,410,030 lieve, and that is the incentive-oriented complete the t ermination process and there­ shares, and the Dow Jones Average tum­ by effect the abrogation of the treaty. As two economics of supply, which has grown scholars have recently noted, 'it ls inherent­ bled 31 points to 230, 151 points lower from the foundations of classical theory. ly inconceivable that ... a constitutional than the predepression high of 381 only It was not until 1977, in Jude Wanniski's policy requiring joint action !or external a month before. It was clear to almost "The Way the World Works," that the agreement and internal legislation could everyone involved that something cata­ crash of 1929 was convincingly ex­ allow that agreement and law to be termi­ strophic was taking place. The question plained. In his book, Wanniski estab­ nated by the president alone, against the then and 50 years later, is "Why?" intentions of the legislature.'" Why did the market come crashing lished for the first time, in a day-by-day "It would be incompatible with our sys­ down, after a decade of prosperity and analysis, the critical link between the tem of checks and balances," said Gasch, increasing employment and noninfla­ stock market's fortunes and the growing "1! the executive power in the area of for­ momentum for passage of the disastrous eign affairs were construed to encompass a tionary growth? The real terror of the Smoot-Hawley Tariff Act of 1930. Speak­ unilateral power to terminate treaties. It is "great crash" has been the failure of our ing of the market's reaction to the undisputed that the President is without economic theories to adequately explain "wedge," or the Government's share of power to amend the terms of a treaty. Any it. Americans were left with the feeling such amendment must be submitted to the that a massive economic contraction any economic transaction-the tax rates, Senate for its advice and consent. If the regulations and other methods by which could occur at any time in a market free the Government affects after-tax eco­ lesser power to amend the treaties is denied of Government intervention-without the President, a fortiori, the greater power nomic incentives-Wanniski explained: to annul should also be denied. warning, without apparent cause. And Looking back at the history of 1920, there "In the present situation, the President yet, as Robert Heilbroner wrote in "Be­ is no dramatic increase in the domestic tax may very well be carrying out the wishes yond Boom and Crash": wedge to explain the market collapse. But of the American people, but because the Even giant [business] failures do not cre­ there is also an international wedge-the tax legislative branch has not participated in the ate more than temporary pauses in the on­ on international transactions. And here treaty termination process, there is no way to going accumulation process of the entire there is a dramatic event, the gathering po­ ascertain this fact." economy. A more likely candidate for the litical momentum of what is now conceded October 29, 1979 EXTENSIONS OF REMARKS 30019 to be the century's most disastrous piece of of a major tax cut with Government Harvard several months ago, Professor economic legislation. The Great Crash of spending of the same amount, for ex­ Arrow confessed to a reporter that: 1929 anticipated the Smoot-Hawley Tariff ample, CBO argues and a majority in The role of the liberal activist economists Act of 1930. The calamitous declines of Mon­ has been greatly injured by the fact that we day, Oct. 28 and Tuesday, Oct. 29, followed Congress agrees that it is better for Gov­ ernment rather than citizens to spend are unable to reconcile full employment with immediately the collapse of the Senate price stability. coalition that had been the last barrier to the money, because when Government the tariff. spends, the money "multiples" faster Here is the world's leading Keynesian Wanniski's analysis vindicates Say's throughout the economy. economist, who spent a lifetime working In a recent publication, CBO put it on demand management economics, ar­ law, the cornerstone of classical eco­ this way: nomics. As he wrote recently: guing that spending and debt and deficit Generally speaking, (government) pur­ The '29 Crash seemed to occur because of a financing stimulate the economy, sug­ chases of goods and services have more im­ surplus in the supply of goods, which is an­ gesting at the end of his tenure at Har­ pact per budget dollar on output and em­ vard that he and his colleagues are un­ other way of saying a deficiency in the ployment than broadly based tax changes demand for goods. This negates Say's Law, or changes in income-support programs. able to duplicate conditions which usec named after Jean Baptiste Say, who formu­ to be commonplace in America-to rec­ lated it between 1809 and 1819. In another background paper, the oncile a high-growth economy and price Say, the French popularizer of Adam CBO explicitly argues, with charts and stability. Smith's "Wealth of Nations," wrote: "One can only buy with what one has produced," figures, that $10 billion spent on public I cannot say that he speri ks for th~ and "The one product constitutes the means service employment would stimulate both rest of Keynesian theorists but h .J scerr.s of purchasing another," and "A product cre­ employment and the growth of the econ­ to be saying something about the gP:..1- ated offers, from that instant, a market for omy more than a $10 billion tax cut. eral Keynesian model itself, the model other commodities to the full total of its CBO Director Alice Rivlin has even sug­ that the CBO and the House Budget value." This became boiled down by others gested that people are likely to work less Committee are using. It simply cannot to "Supply creates its own demand." after a tax cut, because they will earn reconcile a healthy, growing, expanding, In other words, suppliers of goods come together in the marketplace to exchange the same amount of money in a shorter fully employed economy with price sta­ goods. If a surplus appears in one place only, time. Stated in other words, this argu­ bility. In other words, they do not have it's because in other places sufficient goods ment holds that improving productivity an answer. have not been produced to purchase that (producing more goods with the same in­ I challenge them, the idea that the surplus. If a. surplus appears everywhere, put of labor and capital) would tend to economic policies based on this Keynes­ only an artificial barrier to commerce could slow rather than increase real economic ian model represent the best interests have been the cause-some impediment to growth. of the American worker. How can they trade imposed by government. Thus the free­ Government spending is more stim­ represent America's working men and marketeer's dictum to government of "laissez faire," roughly "hands off." ulative than private spending, CBO says, women when these policies will put 2.7 because Government will spend all of million more Americans out of jobs in Another way to put it is to say that the revenues it collects-and then some. the next year? How can they represent individuals produce, work, save or invest Private citizens, on the other hand, will workers when they recommend a 7- or 8- for the real, after-tax reward of doing save part of their incomes; savings, in percent wage limit while the Govern­ so-that is, for the goods and services for th~ Keynesian model, are anathema to ment continues to devalue workers' pay­ which they can exchange their labor. By an economy that is faltering. checks at 13 or 14 percent a year-and diminishing the incentives for produc­ As a result, Government policy today then taxes workers on the increase? tion through excessive tax rates or over­ is enough to dissuade all but the most The administration's official answer regulation, the Government may dis­ tenacious saver. This is so despite a high to our problems of economic stagnation courage productive activities from oc­ correlation among industrialized coun­ and inflation is a program of "austerity curring in the first place. tries between high savings rates and high sharing." That term comes straight Yet when John Maynard Keynes pub­ rates of economic growth. Japan, for ex­ from the National Accord Between the lished his general theory in 1936, he ample, has a 25 percent savings rate, and Administration and American Labor used the crash and depression to ridicule is enjoying a strong rate of growth each Leadership, of September 28. Hence­ Say's law'. Keynes restated Say's law year. In ranking the 11 largest indus­ forth, according to the White House, all in his own terms, announced that it was trialized countries in the world, there is economic policy will be based upon "the "equivalent to the proposition that there a perfect correlation between the sav­ principle of shared austerity." is no obstacle to full employment;" and ings and growth rates. The United States Now when administration officials say because much unemployment existed at ranks dead last in both categories. Tax that "austerity" is the answer to infla­ the time, Keynes had "disproved" Say's policies in the other countries are the tion, they mean exactly two things­ law. Classical economic theory could be opposite of those pushed by the CBO higher unemployment through tax-rate dismissed. and other Government advisory groups. increases, and lower real income through According to Keynes, the real problem These countries encourage saving and wage and price controls. For Keynesian underlying the Great Depression was one investment; the United States does not. economic theory says this is the only of "overproduction" or "underconsump­ The state of our economy is compelling cure for inflation, and they believe their tion." People were simply saving too disproof of the notion that Federal theory more than they believe in the large of a portion of their incomes he spending is what prompts Americans to American people. According to the believed, refusing to spend their money work, save, invest, and be enterprising­ former director of the Council on Wage on the excess goods being supplied. that is, what causes economic growth. and Price Stability, Barry Bosworth: Therefore, he reasoned, it was the job Today the new wave in economics begins of the Government to tax or borrow the If the restraints are really to have an im­ with the commonsense notion that gov­ pact on the rate of inflation, government ex­ savings away from private citizens and ernments do not create growth-people penditures must be reduced, and aggregate make sure it was all spent. do. Economic growth is not caused by demand, production, and employment must American policymakers eventually Government spending but by the eco­ also be reduced. The result will be to throw adopted this "lesson" from the crash nomic incentives that encourage work, a few million people out of work. To be sure, and the ensuing depression, leading the investment, savings, productivity, thrift, if enough of them are out of work, they will Keynesian revolution of the 1940's and initiative, and higher levels of technol­ cease asking for wage increases. No one likes 1950's. Acting on Keynes' advice, policy­ ogy. Only by reducing the tax wedge be­ to say that, but that is what lies at the heart makers soon discovered the potent drug of the proposal for fiscal and monetary tween effort and reward will the econ­ restraint. of Government spending, and neglected omy see increased growth and employ­ savings, investment, indeed the entire ment. The most incredible thing is that the supply side of the economy. Congress Mr. Speaker, let me read a quote from administration does not plan to do any­ continues to rely on Keynesian models Prof. Kenneth Arrow of Harvard Uni­ thing to prevent the increase in unem­ in the Congressional Budget Office and versity, one of the most distinguished ployment. Budget Director James Mcin­ House Budget Committee for economic Keynesian economists in the country, a tyre says economic policy will continue policy decisions. In comparing the effects 1972 Nobel Prize winner. Upon leaving to be "steady as you go." Treasury Sec- 30020 EXTENSIONS OF REMARKS October 29, 1979 retary G. William Miller has ruled out next 5 years, and raising tax rates by 86 The point is that we have erected bar­ any tax rate reduction for the next criti­ percent. riers to trade, especially as the adminis­ cal year. Steady as we go-into higher Mr. Speaker, this disastrous experi­ tration is preparaing to release its find­ unemployment. ment in demand management has gone ings from a year-long study of trade dis­ The Democratic budget which was on long enough. Now is the time to stop incentives, and as Congress is evaluating pushed through last month will push and reconsider the basic economic theory numerous bills aimed at promoting trade this country to the brink of economic upon which all of our policy decisions are and boosting productivity. disaster. Even beyond the human suffer­ based. It is time we recognize the The following list of trade disincen­ ing brought on by the loss of jobs, how supreme deficiencies of the theory that tives and their price to one company was can anyone accept an unemployment underlies all CBO estimates and analysis. submitted to the other body this summer rate of 8.25 percent for 1980 when we We can no longer dismiss tax rate reduc­ by W. L. Wearly, chairman of Ingersoll­ know that high unemployment was no tions out of hand as "inflationary" and Rand Co. in Woodcliff, N.J. I commend it cure for inflation in 1969-70, nor in 1974- continue to discourage savings and in­ to your reading : 75? Furthermore, for each 1 million peo­ vestment and inflate the money supply The list follows: ple the recession puts out of work, the without restraint, merely because a de­ EXAMPLES OF U.S. EXPORT OBSTACLES Federal deficit will widen by $20 billion, funct macroeconomic theory says that The following examples represent a cross­ due to loss of revenue and higher spend­ we must. We can no longer ignore the section of obstacles faced by U.S. firms in ing on unemployment relief. By this supply side of our economy and expect the export market. The illustrations can be formula, what we face in the next 2 growth and productivity and employ­ classified generally as either (1) self-imposed years with a steady-as-you-go budget ment to increase by magic. government restrictions, or (2) inadequate It is time to realize that there is an­ government support. Items from both cate­ is an increase in the Federal deficit of gories oan be traced to an underlying cause $50 or $60 billion. Anyone who believes other, better way to solve our economic of neglect-the low government priority we can reduce the deficit or cure inflation dilemma-that we can produce our way given to export expansion. There has been no if unemployment rises is dreaming. out of this inflation. If we increase the firm commitment nor strong trade leader to supply of goods in our economy while at Unfortunately, the Democrats are not either challenge policies adversely impacting the same time slowing the production of U.S. exports, or initiate programs to offset the even giving Americans a choice between money, we will see results far superior government support given to foreign com­ keeping today's destructively high tax to anything Government-forced "auster­ petitors. The U.S. government's structure rates on jobs and income or lowering ity" can produce. And the most direct has short-changed international business them to restore incentives for produc­ and important way to immediately in­ objectives. No mainline department is tion, employment, and real economic crease employment, investment, and pro­ charged with the principal policy mission of growth. Instead, the majority party con­ strengthening U.S. competitiveness in world duction is to increase the reward on the markets. As a result, the give-and-take be­ tinues to support tax law which uses next dollar an individual earns from the Government's devaluation of the tween competing and at times confUctlng working, investing, or producing. That policy objectives, U.S. export policy has suf­ dollar to push both labor and capital means cutting personal income tax rates fered from lack of a strong organizational into higher tax brackets, automatically, dramatically, across the board, for both advocate. every day. This steady-as-you-go policy labor and capital. Dramatic tax rate re­ 1. In early 1978 Ingersoll-Rand lost $8 mil­ is a vote for raising tax rates. For a ductions of 30 percent or more for every­ lion worth of compressors for Acominas in typical family of four at current infla­ one and a return to some form of dollar Brazil to a Japanese firm. A major reason !or tion rates this loss of income will amount the loss of the sale was that the Japanese convertibility must be the cornerstone of government allows the development of coun­ to $939 in the next year alone. In addi­ our policy answer to the unemployment tion, there are massive social security try marketing strategies by consortiums of and soaring inflation that plague Amer­ manufacturers. U.S. antitrust regulations payroll tax increases enacted by the ica today.• would prohibit any similar joint planning Democratic Congress, and the promise of between major U.S. companies to decide, for $150 billion in new taxes on U.S. energy example, which firms would supply compo­ production. All told, the Joint Committee nents for which plant on a rotating basis. on Taxation estimates that planned tax OBJECT LESSON ON TRADE 2. Ingersoll-Rand was offered an order increases will impose "austerity" on all DISINCENTIVES from a Swedish international distributor for Americans totaling $1 trillion in the several compressors for use in hospitals in next decade. Vietnam. The order was eventually filled by a. Swedish manufacturer when Ingersoll­ But if austerity is the answer to in­ HON. LES AuCOIN OF OREGON Rand was turned down in its request to U.S. flation, then Americans have been fight­ government for permission to ship this ing inflation for the last 10 years. Where IN THE HOUSE OF REPRESENTATIVES equipment. I come from, austerity is the problem Monday, October 29, 1979 3. In mid-1977 Ingersoll-Rand was nego­ not the solution. I do not see the "aver~ tiating with a European company, with whom age American" out causing inflation in • Mr. AuCOIN. Mr. Speaker, as a rep­ they had previously done business, for $1 a bii:ige of self-indulgent prosperity, as resentative of a State actively engaged in million worth of Rock Drills for Iraq. Be­ President Carter has said. I see instead international trade and a member of the cause of restrictions relating to U.S. anti­ Export Task Force, I make a habit to boycott policy Iraq instructed the European millions of Americans who are scared buyer not to purchase from a U.S. company when the President's adviser on infla­ inquire of firms involved in trade about and the order was placed with a Swedish tion, Alfred Kahn, tells them there is no export disincentives. manufacturer. way they can avoid a decline in their It is my view that the United States 4. In 1977 J. Ray McDermott Co., Inc., sub­ standard of living. I see working men and is unable to mount an aggressive export mitted a bid of approximately $25 million to women, already strained to the limit in policy-regardless of how attractive the Argentina for a gas pipeline. The contract providing for their families, wondering incentives-because of excessive barriers was awarded to a French contractor for ap­ whether they will number among the to trade. proximately $51 million. J. Ray McDermott While many agree with this view, it is Co., Inc.'s judgment is that the work was more than 8.6 million who will not have awarded to their French competitor because a job next year, or the year after. hard to quantify the seriousness of the of payments which would have been illegal problem. Consequently, I was extremely under U.S. law. And yet, what result does the admin­ impressed recently when the chairman istration predict from all this unemploy­ of a major corporation laid out in 5. In mid-1977 Ingersoll-Rand was nego­ ment and. loss of income, of this "equi­ tiating for $6 million worth of pumps and graphic detail a bill of particulars con­ compressors with Fluor Corporation for table ~ha.rmg of sacrifice''? In last Friday cerning what is wrong with our trade Sasol plant expansion (including substantial morning s paper, the Chairman of the policy. Through a series of 12 docu­ technology and product duplication fur­ P!esident's Council of Economic Ad­ mented examples, this corporate official nished by Ingersoll-Rand for the original visors, Charles Schultze, tells us that exposes some of the major impediments coal conversion plant) in South Africa. Be­ eyen after next year's recession, "infla­ to a robust, coordinated and purposeful cause of human rights considerations, Sasol tion cannot be reduced below 8 or 9 per­ trade policy. decided not to consider U.S. manufactured cent." Some hope. At that rate, the value equipment in view of the undependability of I do not agree that every obstacle iden­ suppliers to obtain government authoriza­ of all savings, investment, and income tified should be changed. That is not tions to meet commitments. The U.S. gov­ will crash by at least 54 percent in the really the point. ernment also refused financial support and October 29, 1979 EXTENSIONS OF REMARKS 30021 South Africa then obtained loans from ENERGY MOBILIZATION BOARD approach preferable to creation of an Japan and France. Although some equip­ Energy Mobilization Board would be to ment was furnished by American-Japanese/ establish carefully crafted programs and French licensees, no major equipment was HON. JAMES M. JEFFORDS procedures under which existing Federal purchased from direct American sources. OF VERMONT and State agencies would provide more 6. In mid-1978 FMC Corporation had an IN THE HOUSE OF REPRESENTATIVES efficient consideration of potentially im­ order for fire trucks from South Africa. But since these were being ordered by the South Monday, October 29, 1979 portant energy projects. Indeed, in April African military, they could not accept the of this year President Carter ordered order under U.S. law. 'Ihe only difference be­ • Mr. JEFFORDS. Mr. Speaker, tomor­ Federal agencies to do just that. Under tween these units and some they were al­ row we will take up consideration of the Executive Order 12129, the Director of ready supplying to municipalities in South fast track energy legislation which would the O~ce of Management and Budget Africa was the color of the paint. In a state establish an Energy Mobilization Board. was directed to establish a critical en­ of emergency, the municipal units certainly Expedited consideration of nonnuclear ergy facility program involving eight could be preempted by the South African energy facility applications is in the best Federal Executive agencies, which would military. Thus, the U.S. government's regula­ interest of our Nation. Energy Mobiliza­ addr.ess .the elimination of unnecessary tions, in effect, excluded them from a signif­ tion Board is one possible mechanism for icant volume of export business, with doubt­ dupllcat10n among Federal agencies and ful policy results. The real result was that the reducing the inefficiencies in some agency the establishment of joint Federal-State South African government ordered the procedures. However, I have major res­ agency reviews. units-$7 million worth of U.S. jobs and ervations about any proposed Energy On June 25, OMB placed a notice in profits-from a German firm. Mobilization Board. To begin, any fast the Federal Register requesting public 7. In early 1977 Ingersoll-Rand lost $3 mil­ track program should be limited to more comment on criteria for selecting criti­ lion worth of compressors from Pemex in efficient application of existing and fu­ cal facilities and on recommendations Mexico to Italian competitors. The Italian ture laws and regulations to proposed government and the Mexican government for specific facilities to be covered by agreed upon a low interest loan partially re­ energy facilities. the critical energy facility program. payable by barter which was more favorable After months of debate on this issue, OMB received recommendations for 22 than the Export-Import Bank was prepared I have found absolutely no justification facilities to be given fast-track consid­ to grant. for having such a board or the President eration. However, because the adminis­ 8. Babcock and Wilcox Division of J. Ray to waive Federal, State, or local laws or tration's proposal for an Energy Mo­ McDermott & Co., were negotiating with a to assume the decisionmaking authority bilization Board was sent to Congress at Mexican company for $18 million worth of of Federal, State, and local officials cur­ about this time, OMB decided not to equipment for a power project. The Exlm­ rently responsible for energy facility sit­ proceess these recommendations or to bank refused to offer financing unless the ing or environmental protection. take any further steps to implement the Mexican customer changed the specifications I, therefore, urge my colleagues to sup­ for the precipitator efficiency from the speci­ Executive Order. fied 97 percent to 98 percent as required by port the Udall-Clausen-Wirth substitute There is every indication that, given a U.S. environmental standards. The customer and to oppose the Commerce Committee chance to work, OMB critical energy fa­ refused to modify the specifications and the bill and the Santini-Lujan amendment cility program would effectively provide business was placed with a Swedish supplier. to the Commerce bill. Under this sub­ expedited, yet balanced consideration of 9. In the fall of 1978 Ingersoll-Rand stitute, the Energy Mobilization Board energy project proposals. planned a private fair in Egypt to exhibit would establish a project decision sched­ Unfortunately, politic al considerations ?onstruction equipment. The U.S. Embassy ule for the fast tracking of priority en­ regarding pending legislation have been m Egypt was asked to send a letter to the ergy project applications by Federal, a key source of delay in the Executive Cairo custo~s office to guarantee payment of State, and local agencies. If any agency Office of the President. A positive and customs duties on machinery not re-exported. was dragging its feet, the Board could 'I~e local. commercial attache replied that workable program proposed by the Presi­ his guidelines did not permit issuing such a resort to the Federal courts to force the dent in April has essentially been aban­ letter unless the trade fair was controlled by agency to comply with the decision doned in favor of a dangerous and un­ a U.S. manager and had U.S. government schedule. Along with the more than 80 workable proposal contained in the Com­ participation. Ingersoll-Rand thus was de­ cosponsors of this substitute, I believe merce Committee Energy Mobilization nied the necessary letter and was unable to strongly that this enforcement mecha­ Board proposal now before the House. exhibit its products. A German competitor nism is effective. Moreover, it is highly was able to get such a letter (a form letter) I believe it is premature to assume we from the German Embassy in Egypt and superior to the approach mandated by need drastic changes in laws passed to therefore was able to exhibit and sell its the Commerce Committee bill and per­ protect against proven disaster of the products to Egypt. petuated by the Santini-Lujan amend­ past. If future action is needed, let us 10. The U.S. government has still done lit­ ment: That of waiving established laws consider it then. tle in terms of exhibits, fairs, etc. for the and preempting the decisionmaking au­ I am submitting Executive Order 12129 U.S. businessman in the Peoples Republic of thority of Federal, State, and local offi­ and OMB's Federal Register notice for China. Last month Ingersoll-Rand, as an cials. my colleagues' careful appraisal: American corporation, had an exhibit in a As I have indicated, the establishment [Executive Order 12129, Apr. 5, 1979] British Energy Show to get our corporate of an Energy Mobilization Board is but CRITICAL ENERGY FACILITY PROGRAM presen~e advertised in the PRC. The United one possible approach to eliminating un­ States is very late on this point and for years By the authority vested in me as President we. have been riding on the coattails of our due duplication and delay from the proc­ by the Constitution and statutes of the British and Canadian companies in Peking essing of energy project applications. United States of America, and in order to exhibits. There is a significant danger that such provide for timely coordinated Federal de­ 11. In 1972 Ingersoll-Rand Co. U.S.A. lost a board will give little or no considera­ cisions on critical energy facility permit ap­ $2 million worth of gas engine machinery for tion to the environmental or social plications, it is hereby ordered as follows: Petrabras in Brazil to Ingersoll-Rand co. Ltd. aspects of proposed facilities and will 1-101. The Director of the Office of Man­ U.K. Eximbank terms were not competitive instead do everything in its pdwer to in­ agement and Budget shall establish a Crit­ with the British terms which also specified sure the implementation of proposed ical Energy Facility Program. that not more than 7 percent of the total projects, no matter what their impacts or 1-102. The Director of the Office of Man­ job could be sources outside of the United agement and Budget, after consulting with Kingdom. Although it was not a real loss to their merit. the Executive agencies listed in Section Ingersoll-Rand Co., job hours in the U.S.A. In addition, I have found no evidence 1-103, shall make recommendations to the were lost. to suggest that the creation of yet an­ President as to which non-nuclear facilities 12. In early 1977 Ingersoll-Rand and other other Federal bureaucracy will assist us should be included in the Program. The American companies were negotiating with in the delicate task of expeditiously bal­ President shall identify non-nuclear energy the U.S.S.R. for over $200 million worth of ancing our need to reduce our reliance facilities which he deems to be of critical equipment for a gas pipeline. Although the national importance and which need Federal on foreign oil supplies with our pressing permits for siting, construction, or operation. negotiations were successful the orders were needs to control inflation and improve held up and later placed with a European Those facilities shall be included in the Pro­ consortium because of human rights con­ our Nation's social and physical environ­ gram. The Director of the Office of Manage­ siderations and U .S .A. failure to grant most ment. ment and Budget shall establish a system favored nation status to the u.s.S.R.e For these reasons, I believe that an through which deadlines will be established 30022. EXTENSIONS OF REMARKS October 29, 1979 for final administrative decision-making by [Office of Management and Budget] ordinated Federal decisions, a facility must Executive agencies, consistent with statutory REQUEST FOR PUBLIC COMMENT ON PROPOSED be subject to significant Federal reviews by requirements. CRITERIA FOR USE IN IMPLEMENTING EXECU­ participating agencies with some likelihood 1-103. The following Executive agencies TIVE ORDER 12129; CRITICAL ENERGY FACIL­ of delay in order to be considered for inclu­ shall participate in the Program and the Di­ ITY PROGRAM sion. This criterion will exclude facilities for rector of the Office of Management and (June 19, 1979) which decisions by covered Federal agencies Budget may invite others to participate are not essential to the facility's progress, where appropriate: Agency: Office of Management and Budget. and facilities for which there is little prob­ (a) Department of the Interior. Action: Request for public comment on ability of delay due to Federal review process. (b) Department of Agriculture. proposal to implement the Critical Energy Issued in Washington, D.C., on the 16th (c) Department of Commerce. Facility Program. day of June 1979. {d) Department of Transportation. Summary: Public comment is requested ELIOT R. CUTLER, (e) Department of Energy. on the accompanying criteria, proposed by Associate Director for Natural Re­ (f) Environmental Protection Agency. the Office of Management and Budget for sources, Energy and Science. (g) Council on Environmental Quality. use in selecting non-nuclear energy facilities [FR Doc. 79-19856 Filed 6-22-79; 6:45 a.m.] e (h) Department of the Army. for inclusion in the Critical Energy Facility 1-104. Each Executive agency in the Pro­ Program pursuant to Executive Order 12129. gram shall submit such data and informa­ (44 FR 21001, April 9, 1979). tion as the Director of the Office of Manage­ Public recommendations are requested as ment and Budget may require with respect to specific facilities which should be con­ PROGRESS IN FUSION ENERGY to a critical energy facility, including: sidered for inclusion in the program. Such (a) Date a completed application is ex­ recommendations should be accompanied by pected to be received from the sponsors of a an explanation of the reasons why the rec­ HON. FORTNEY H. (PETE) STARK critical energy facility project. ommended facility should be considered for OF CALIFORNIA (b) Targeted final decision date for each inclusion under the proposed criteria or al­ IN THE HOUSE OF REPRESENTATIVES significant permit or statutory review. ternative criteria recommended by the com­ (c) Compilation of the actions required of menting party. Monday, October 29, 1979 other Executive agencies before a participat­ Dates: Comments must be received on or • Mr. STARK. Mr. Speaker, I would like ing Executive agency may make a final de­ before Friday, July 20, 1979. cision. to bring to the attention of my colleagues Address: Send comments to: The Asso­ the following article from the Wall Street (d) Compilation of significant actions re­ ciate Director for Natural Resources, Energy quired of non-Federal authorities before a and Science, Room 262, Old Executive Office Journal about the development of fusion participating Executive agency may make a Building, Washington, D.C. 20503. power. The article aptly describes the final decision. For further information contact: Ron fusion process and the present state of (e) Compilation of significant actions re­ Kienlen, Room 465, Old Executive Office our national fusion energy program. quired of the applicant before a final deci­ Building, Washington, D.C. 20503, Phone The article follows: sion may be made. 395-5600. [From the Wall Street Journal, Aug. 28, 1979] Supplementary information: Executive Or­ (f) Progress reports, including reasons for der 12129 directs the Director of the Office PROSPECTS FOR ENERGY FROM NUCLEAR FuSION any changes in any targeted final decision ARE IMPROVING AGAIN dates. of Management and Budget to establish a Critical Energy Facility program in order to (By Arlen J. Large) 1-105. On the basis of information re­ provide for timely coordinated Federal de­ PRINCETON, N.J.-For 28 years scientists ceived pursuant to Section 1-104, the Direc­ cisions on permit applications for non-nu­ have been struggling to re-create on earth tor of the Office of Management and Budget clear energy facilities which the President the same rnurce of sustained energy that will provide to the President, to the partic­ deems to be of critical national importance. powers the sun. After an initial glow of ipating Executive agencies, to the Governor The following criteria are proposed for use optimism, researchers on nuclear fusion of any affected State, and to the applicant by the Office of Management and Budget in went through a gloomy period of disappoint­ a schedule of deadlines for Federal actions fulfilling its responsibility to make recom­ ment and frustration as experiments kept concerning each critical energy facility. mendations to the President as to which failing. Now, however, their mood is upbeat 1-106. The Director of the Office of Man­ non-nuclear energy facilities should be in­ again. agement and Budget shall provide for appro­ cluded in the Critical Energy Facility Pro­ So optimistic are fusion workers about re­ priate interagency mechanisms for the con­ gram. Briefly, recommendations for inclu­ cent scientific progress that they're getting duct of multiple agency reviews; but, only sion will be based on the national impor­ impatient with the government's stately where such reviews are consistent with the tance of a facility, the degree of Federal in­ timetable stretching out research for another statutory obligations of the agencies, and volvement by covered agencies, and the need 40 years. Not until the year 2020, according only when such reviews will assist in the for timely, coordinated Federal deciSionmak­ to Energy Department plans, will fusion's expeditious processing of facility permits. ing as indicated by the number and com­ tremendous heat be making electricity on a 1-107. The Director of the Office of Man­ plexity of Federal review requirements. commercial basis. agement and Budget shall assist participat­ PROPOSED CRITERIA One who would like to go faster is Melvin ing Executive agencies with the establish­ Office of Management and Budget Executive Gottlieb, director of the Princeton University ment of joint Federal and State and local Order 12129 Plasma Physics Laboratory here. "This is agency reviews. Such assistance shall be comparable to the effort to produce a bomb limited to those circumstances which are Pursuant to Executive Order 12129, the Office of Management and Budget proposes in the war," he says, "except that we aren't consistent with the legal obligations of the going at it on the same urgent basis." The reviewing Federal and State and local agen­ to use the following criteria in developing recommendations to the President as to pace "absolutely" could be speeded up, he cies, and which will result in the expeditious says. processing of facility permits. which non-nuclear energy facilities should be included in the Critical Facilities Pro­ In fusion work, "plasma" is hydrogen gas 1-108. The Director of the Office of Man­ gram. so hot that its individual nuclei fuse together agement and Budget shall keep the President 1. Critical National Importance. Those to produce helium and release energy. What's informed on agency performance in meeting facilities will be considered for inclusion for eye-catching for the layman is that the scheduled decision deadlines. which Federal agency decisions are of crit­ hydrogen can be obtained from a limitless 1-109. The Director of the Office of Man­ ical national importance because, if con­ supply of sea water, though the fuel source agement and Budget shall, where aippro­ structed and operated as proposed: actually is more complicated than that. priate, coordinate the procedures established a. the facility's operation could yield a Fusion of the nuclei of hydrogen, the lightest herein with those procedures adopted by the substantial reduction in oil imports; or natural element, releases more energy than Council on Environmental Quality pursuant b. the facility would embody a new, un­ the splitting (or fission) of uranium, the to Executive Order No. 11991 {40 CFR Parts tested technology with significant potential heaviest, which has been producing commer­ 1500-1508). for substantial future import reductions; or cial electricty for years amid growing con­ 1-110. Nothing in this Order is intended c. the facility could produce substantial troversy. to modify in any way (a) the review and national economic benefits; or FEW ENEMIES decision-making responsibilities imposed by d . the facility could yield a substantial Fusion fans say their method doesn't have Federal or State statutes, or (b) the oppor­ reduction in consumer costs; or fission's safety problems. While there are tunity for timely State and local government e. the facility could benefit the national doubters among environmentalists, fusion and public participation in agency decision­ security. probably won't attract many committed making. 2. Significant Federal Involvement. Given enemies until actual electricity-producing JIMMY CARTER. that the purpose of the Critical Energy Fa­ reactors are closer to reality. What's generally THE WHITE HOUSE, April 5, 1979. cility Program is to provide for timely co- undisputed at this point is that fusion is October 29, 1979 EXTENSIONS OF REMARKS 30023 ready to make the leap from the scientific lem of keeping the hot hydrogen plasma in­ design. The problems most often mentioned laboratory to the engineering drawing boards. side a stable magnetic "bottle," safely away deal with the hydrogen fuel of a tokamak or "This is the year in which we can finally from the metal walls. A famous experiment mirror reactor. say that man can make and control a plasma here last summer, though put down by The reaction that can occur at the most of burning fusion fuel on earth with reason­ Science magazine as a "media event" because easily reached temperature requires two spe­ ably sized and reasonably simple equip­ of excited reports of a "breakthrough," cial forms of hydrogen: isotopes called deu­ ment," says Edwin Kintner, director of the nevertheless was important because it showed terium a-nd tritium. Deuterium can be ob­ Energy Department's office of fusion energy. that plasm.a in the doughnut wouldn't break tained from sea water. Tritium doesn't occur "This is a thought which is shared world­ up at high temperatures. in nature, but it can be produced artificially wide by people working in the fusion field." While tokamak technology is the furthest from lithium when those neutrons hit the And world-wide the field is, reflecting the advanced, the Energy Department continues metal during a fusion reaction. So most of willingness of rich governments to spend to put chips on other potential fusion meth­ the contemplated machines will breed their money on what they see as a promising fu­ ods. Its long-term plan for picking the win­ own trLtium. ture source of energy. Outside the U.S., ag­ ning technique fQT commercial development Tritium, however, is radioactive and will gressive research programs are moving ahead looks for all the world like the elimination require special handling techniques and di3- in western Europe, Japan and the Soviet brackets of a basketball tournament. posaJ. methods. This disturbs the go-slow Union. Indeed, the annual U.S. fusion­ faction. An alternative to the doughnut is a cylin­ For example, the Union of Concerned research budget of $510 million accounts for der in which hydrogen plasma also is con­ just one-third of the world-wide effort. Scientists, which wants no more of the cur­ fined magnetically. To keep the plasma from rent fission reactors built until disposal sites GOVERNMENT MONEY seeping out the ends of the cylinder, mag­ for the nuclear waste are found, thinks the Because most of the work has no military netic fields or other devices serve as "mirrors" government should investigate fusion tech­ application, there is a free and easy exchange at each end. One such machine is being tested nologies other than the deuterium-tritium of research data. Japan this year is putting at the government-financed Lawrence Liver­ approach. Steven Nadis, a research analyst up $12.5 million for fusion work in California. more Laboratory in California. for the union in Cambridge, Mass., says that In this country and abroad, fusion re­ A DECISION IN 1984 at higher temperatures than those currently search depends almost entirely on govern­ The first elimination is scheduled to come planned some particles will fuse to produce ment bankrolls. Energy Department officials in 1984, when the Energy Department chooses direct electric current without any neutron estimate that the U.S. government will have between tokamaks and mirrors. The winning bombardment or radioactivity. However, he spent $18 billion on this technology by concept will be incorporated into a new ma­ concedes that use of these so-called "ad­ the time it's ready to produce commercial chine called an engineering test facility vanced" fuels at higher temperatures "ad­ electricity in the next century. But in the scheduled to start operating in 1992. Prince­ mittedly will be more difficult to achieve." e coming decades fusion will have to compete ton's Mr. Gottlieb and others rooting for a. hard for research dollars with other poten­ faster pace think work could start right away tial sources of energy for central electricity­ on certain parts of this machine that will be SENATE COMMITTEE MEETINGS generating stations: fission-breeder reactors, needed either for tokam.aks or mirrors, no electrified coal gas, solar-power satellites. matter how the decision goes. Title IV of Senate Resolution 4, agreed So far the expensive machines needed for In 1997, according to the current schedule, to by the Senate on February 4, 1977, fusion research have been built at govern­ officials will decide the fate of an entirely calls for establishment of a system for a ment laboratories or at university campuses different way of fusing hydrogen to make computerized schedule of all meetings like Princeton. John Deutch, research direc­ energy. Work is under way at Lawrence Liver­ and hearings of Senate committees, sub­ tor at the Energy Department in Washington, more Laboratory, the Los Alam.as Scientific committees, joint committees, and com­ would like to see contracts awarded to pri­ Laboratory and elsewhere on zapping a hy­ mittees of conference. This title requires vate companies to build and operate future drogen-filled pellet with high-energy beams, fusion-research maichines. The companies either of laser light or atomic particles. The all such committees to notify the Office wouldn't, however, be required to put up temperature in the pellet gets so high that of the Senate Daily Digest--designated their own money, and the government has fusion occurs, .releasing the telltale shower of by the Rules Committee-of the time, no plan to try to recapture its fusion­ neutrons. To produce commercial electricity, place, and purpose of all meetings, when development costs from electric utilities that a way must be found to shoot new pellets scheduled, and any cancellations, or eventually may use the technology. Early­ continuously into a chamber to be zaipped by changes in the meetings a.s they occur. stage development of these new energy the hlgh-energy beams. As an interim procedure until the com­ sources, says Mr. Deutch, "is a national re­ Some researchers complain that work on puterization of this information becomes sponsibility." this technique i5 hampered bec3.use some of it is classified as secret. The exact design of operational, the Office of the Senate HOW THEY WORK Daily Digest will prepare this informa­ Researchers think a fusion reactor could the pellet is related to what makes a hydro­ make commercial electricity along these gen bomb go off. tion for printing in the Extensions of lines: AN OPERATING PROTOTYPE Remarks section of the CONGRESSIONAL A hollow metal doughnut is filled with a The Energy Department's Mr. Deutch says RECORD on Monday and Wednesday of special mixture of hydrogen gas and heated pellet fusion "isn't in the sam.e state of ma­ each week. to more than 100 million degrees Celsius, four turity" as plasmas confined in tokamaks or Any changes in committee scheduling times hotter than the center of the sun. mirrors, which are being engineered specifi­ will be indicated by placement of an Magnets surrounding the doughnut keep the cally for commercial electrical production asterisk to the left of the name of the electrified plasma from burning the walls. someday. Whatever technique looks most unit conducting such meetings. Nuclei of the hydrogen atoms fuse together promising in 1997, however, will become the Meetings scheduled for Tuesday, Oc­ to make new helium atoms, while releasing basis for a $1 billion engineering prototype a shower of the atomic particles called neu­ reactor that will start operating in 2004. tober 30, 1979, may be found in the Daily trons. The neutrons, carrying 80% of the The government's final effort, a scaled-up Digest of today's RECORD. energy of the fusion reactions, bang into an "demonstrrution" reactor using the winning outside blanket of lithium metal, making it technology, is scheduled for operation in 2015. MEETINGS SCHEDULED hot. The heat is turned into steam, which Thereafter, private utilities would be expected OCTOBER 31 drives the generator that turns on your light to start building their own fusion plants, 8:00 a.m. bulb. using all the scientific and engineering data Energy and Natural Resources That's one of many different conceptions, the government has developed. To hold hearings on the nominations of none of which has actually been tried. This is too long a wait for fusion's go­ Ruth M. Davis, of Maryland, to be an Princeton scientists using test doughnut de­ faster faction. Democratic Rep. Mike McCor­ Assistant Secretary of Energy (Re­ vices called tokamaks have been fusing hy­ mack of Washington, a leading fusion fan in source Applications); William W. drogen and making neutrons at tempera­ Congress, wants to have "the first commer­ Lewis, of the District of Columbia, to tures of up to 75 million degrees, but they're cial demonstration fusion plant on line by be an Assistant Secretary of Energy putting more start-up energy into the ma­ the year 2000." Energy research boss Deutch (Policy and Evaluation); and Charles chines than comes back out. tries to placate such proponents by saying B. Curtis, of Maryland, to be a Member Under construction here is the biggest to­ the timetable for those distant years is "flexi­ of the Federal Energy Regulatory Com­ kamak yet, scheduled for completion in 1982. ble" and could be stepped up if future Con­ Inission. The scientists here are increasingly confi­ gresses and future energy bureaucracies 3110 Dirksen Euilding dent that by 1984· the machines will pass the choose. 9:30 a.m. break-even point, producing more energy Fusion also has, however, a go-slower fac­ Commerce, Science, and Transportation than goes in, and by a significant amount. tion that wants to make sure that technical To hold joint oversight hearings with The tokamak doughnuts, invented in the and environmental problems are solved be­ the Select Committee on Small Busi­ Soviet Union, have seemed to solve the prob- fore the government commits itself to a final ness and the House Committees on 30024 EXTENSIONS OF REMARKS October 29, 1979 Small Business and Science and Tech­ abroad from charit able services; S. 541 , ministrator of General Services to dis­ nology to review proposed technical to provide that t he election to use pose of 35 ,000 long tons of tin in the methods for industrial development. the alt ernate valuation date may be national and supplemental stockpiles, 1202 Dirksen Building made on an estate tax return that is and to provide for the deposit of money Select on Small Business filed late; S. 999, to exempt taxpayers received from the sale of such tin. To hold joint oversight hearings with who file late tax payments from in­ Room S-126, Capitol the Committee on Commerce, Science, terest penalties; S . 555, to permit the 2 :00 p.m. and Transportation and the House owners of independent local news­ Conferees Committees on Small Business and papers t o make tax deductible con­ On S. 239, authorizing funds through Science and Technology to review pro­ tributions to trusts established for the fiscal year 1981 for programs under the posed technical methods for industrial eventual payment of estate tax; and Domestic Volunteer Service Act. development. S. 1543, to defer current Federal in­ S-206, Capitol 1202 Dirksen Building come tax on dividends reinvested in NOVEMBER 2 Select on Small Business original issue stock of a company. 9:30 a.m. To hold hearings to review the impact 2221 Dirksen Building Judiciary of private and commercial credit re­ NOVEMBER 1 To resume hearings on S. 1612, to create porting services on small business, to 9:00 a.m. a statutory charter which defines the focus on the accuracy, reliability, and Armed Services policy and intent of the investigative accessibility of information released General Procurement Subcommittee authority and responsibilities in mat­ by such services. To hold oversight hearings to review past ters under the jurisdiction of the FBI. 424 Russell Building and current Soviet defense expend­ 2228 Dirksen Building 10:00 a.m. itures and programs. 10:00 a .m . Banking, Housing, and Urban Affairs 1114 Dirksen Building Banking, Housing, and Urban Affairs Consumer Affairs Subcommittee 9:30 a .m. To hold hearings on a proposal to trans­ To hold oversight hearings on the truth­ Appropriations fer the functions of the Cost Account­ in-lending enforcement activities of Military Construction Subcommittee ing Standards Board to the General Federal financial regulatory agencies. To mark up H .R. 4391, making appro­ Accounting Office. 5302 Dirksen Building priations for military construction 5302 Dirksen Building Environment and Public Works programs of the Department of De­ Finance Water Resources Subcommittee fense. Business meeting on pending nomina­ To continue consideration of S. 703, to S-128, Capitol tions and calendar business. provide for the study, advanced en­ Judiciary 2221 Dirksen Building gineermg, and design and/ or con­ Constitution Subcommittee Foreign Relations struction of certain public works To resume hearings on proposals advo­ Business meeting, to continue markup projects for navigation and flood con­ cating a balanced Federal budget or of the SALT II Treaty (Exec. Y, 96th trol on rivers and harbors in the U.S. restricting in some way t he growth of Cong., 1st sess.). and trust territories. Federal outlays which include S.J. Res. 4221 Dirksen Building 4200 Dirksen Building 2, 4, 5, 6, 7, 9, 10, 11, 13, 16, 18, 36, 38, Governmental Affairs Finance 45, 46, and 56. To resume oversight hearings focusing Business meeting on pending nomina­ 6226 Dirksen Building on the organizational and manage­ tions and calendar business. Select on Small Business ment aspects of the Department of 2221 Dirksen Building To continue hearings to review the im­ Energy. Foreign Relations pact of private and commercial credit 3302 Dirksen Building Business meeting, to resume markup of reporting services on small business Joint Economic the SALT II Treaty (Exec. Y, 96th to focus on the accuracy, reliability, To hold hearings on the employment­ Cong., 1st sess.) . and accessibility of information re­ unemployment situation and price 4221 Dirksen Building leased by such services. data information for October. Judiciary 424 Russell Building 6226 Dirksen Building To hold hearings on the current refu­ Select on Small Business 2:30 p.m. gee crisis in Cambodia. To continue oversight hearings with the Finance 2228 Dirksen Building House Committees on Small Business Taxation and Debt Management Generally Rules and Administration and Science and Technology to review Subcommittee To hold hearings on S. 392 and 597, bills proposed technical methods for indus­ To hold hearings on S. 1691, to create to assure access for the elderly and trial development. an appellate court with exclusive ju­ handicapped to polling and registra­ 2318 Rayburn Building risdiction over all Federal civil tax ap­ tion locations for Federal elections; peals. 10:00 a.m. 2221 Dirksen Building and other legislative and administra­ Banking, Housing, and Urban Affairs tive business. Consumer Affairs Subcommittee NOVEMBER 5 301 Russell Building To continue oversight hearings on the 9 :30 a.m. Joint Economic truth-in-lending enforcement activi­ Judiciary To hold hearings to examine the current ties of Federal financial regulatory To resume hearings on S. 1612, to create unemployment trend in relation to the agencies. a statutory charter which defines the increase in criminal activity. 5302 Dirksen Building policy and intent of the investigative 210 Cannon Building authority and responsibilities in mat­ *Energy and Natural Resources ters under the jurisdiction of the FBI. 2:00 p.m. Business meeting on pending calendar Environment and Public Works 2228 Dirksen Building business. •Labor and Human Resources Nuclear Regulation Subcommittee 3110 Dirksen Building To hold joint hearings with the House Handicapped Subcommittee Finance To hold oversight hearings on the im­ Subcommittee on Energy and the En­ Business meeting on pending nomina­ vironment of the Committee on In­ plementation of the Rehabilitation, tions and calendar business. Comprehensive Services, and Develop­ terior and Insular Affairs to receive a 2221 Dirksen Building briefing from the President's Commis­ mental Disabilities Amendments of sion on the Three Mile Island nuclear Foreign Relations 1978 (P.L. 95-602). accident. Business meeting. to continue markuo or 4232 Dirksen Building 318 Russell Building the SALT II Treaty (Exec. Y, 96th 10:00 a.m. 2:30 p.m. Cong., 1st sess.). Select on Indian Affairs Finance 4221 Dirksen Building To hold hearings on S.J. Res. 108, to Taxation and Debt Management Generally Governmenrtal Affairs validate the effectiveness of certain Subcommittee Federal Spending Practices and Open Gov­ plans for the use or distribution of To hold hearings on S. 246, 1488, and ernment Subcommittee funds to pay judgments awarded to 1846, bills to allow taxpayers to ex- To hold hearings on S. 1411, proposed Indian tribes. Room to be announced clude interest income earned from a Paperwork and Redtape Reduction savings account from gross income; S. Act. NOVEMBER 6 1638, to permit owners of new busi­ 3302 Dirksen Building 9:00 a.m. nesses to write off their initial ex­ 11:00 a.m. Agriculture, Nutrition and Forestry penditures; S. 1703, to provide a tax Conferees Agricultural Credit and Rural Electrifica­ exclusion from personal income earned Closed, on H .R . 595, to authorize the Ad- tion Subcommittee October 29, 1979 EXTENSIONS OF REMARKS 30025 To hold oversight hearings to examine To hold hearings on H .R . 2797, making ment aspects of the Department of the current operations of the Farmers technical, clerical, conforming, and Energy. Home Administration, focusing on re­ clarifying amendments to provisions 3302 Dirksen Building cent problems relating to the out­ of the Revenue Act of 1978. NOVEMBER 14 standing debt t o the agency and per­ 2221 Dirksen Building 9 :30 a.m. sonnel problems associated with loan NOVEMBER 8 *Commerce, Science, and Transportation supervisions and counseling; also to 9:00 a.m. To resume oversight hearings to review examine the implementation of the Commerce, Science, and Transportation proposed technical methods for in­ guaranteed agricultural loan programs dustrial development. To continue hearings on S. 1946, pro­ 235 Russell Building and the economic disaster loan pro­ posed Railroad Transportation Policy gram; and to review the installation Act. Foreign Relations of a management information system 235 Russell Building To hold hearings on the following inter­ national treaties proposing human at the agency. 10:00 a.m. 323 Russell Building Environment and Public Works rights: the International Convention 9:30 a .m. Environmental Pollution Subcommittee on the Elimination of All Forms of Governmental Affairs Racial Discrimination Treaty (Exec. C, Intergovernmental Relations Subcommit­ To hold hearings on S. 1136, to develop 95th Cong., 2d sess.); the Interna­ tee an integrated program of financial as­ tional Covenant on Economic, Social To resume hearings on S . 1108, to pro­ sistance to provide States and local and Cultural Rights Treaty (Exec. D, vide relocation assistance and guide­ governments with greater flexibility in 95th Cong., 2d sess.); the Int erna­ lines for displacement of individuals handling various environmental pro­ tional Covenant on Civil and Political who are forced to leave their homes grams. Rights Treaty (Exec. E, 95th Cong., and neighborhoods because of Feder­ 4200 Dirksen Building 2d sess.); and the American Conven­ ally funded projects. Labor and Human Resources tion on Human Rights Treaty (Exec. 3302 Dirksen Building Education, Arts, and the Humanities F , 95th Cong., 2d sess.). Judiciary Subcommittee 4221 Dirksen Building Business meeting on pending legislation To mark up S. 1386, authorizing funds 10:00 a.m. and nominations. through fiscal year 1985 for the Na­ Agriculture, Nut rition, and Forestry 2228 Dirksen Building tional Endowment for the Arts, the Agricultural Research and General Legis­ Select on Small Business National Endowment for the Humani­ lation Subcommittee To resume hearings to examine the eco­ ties, and Institute of Museum Serv­ To hold joint hearings with the Com­ nomic outlook for the small business. ices; and S. 1429, authorizing funds mittee on Commerce, Science, and 424 Russell Building through fiscal 1982 for programs under Transportation on S. 1408 and 1650, NOVEMBER 7 the Museum Services Act. bills to provide for the development of 9:00 a.m. 4232 Dirksen Building aquaculture in the United States. Commerce, Science, and Transportation Select on Indian Affairs 324 Russell Building To hold hearings on S. 1946, proposed To hold hearings on S. 1273, to restore Commerce, Science, and Transportation Railroad Transportation Policy Act. Federal recognition to certain bands of To hold joint hearings with the Sub­ 235 Russell Building Pa.lute Indians. committee on Agricultural Research 9:30 a .m. Room to be announced and General Legislation of the Com­ Governmental Affairs 10:30 a.m. mittee on Agriculture, Nutrition, and Intergovernmental Relations Subcommit­ Labor and Human Resources Forestry on S. 1408 and 1650, bills to tee Health and Scientific Research Subcom­ provide for the development of aqua­ To continue hearings on S. 1108, to pro­ mittee culture in the United States. vide relocation assistance and guide­ To mark up S. 988, authorizing funds 324 Russell Building lines for displacement of individuals through fiscal year 1983 to increase Governmental Affairs who are forced to leave their homes the effectiveness of research in bio­ To continue oversight hearings focusing and neighborhoods because of Fed­ medical sciences. on the organizational and manage­ erally funded projects. 155 Russell Building ment aspects of the Department of 1318 Dirksen Building 2:00 p.m. Energy. Labor and Human Resources Judiciary 3302 Dirksen Building To hold hearings on S. 1089, to revise To hold hearings on pending nomina­ NOVEMBER 15 the reporting and recordkeeping re­ tions. 9:30 a .m . quirements under the Employee Re­ 2228 Dirksen Building Foreign Relations tirement Income Security Act (ERISA) NOVEMBER 9 To continue hearings on the following and to enforce the IRS Code require­ 9:30 a.m. international treaties proposing hu­ ment with respect to pension plans. Commerce, Science, and Transportation man rights: the International Con·· 4232 Dirksen Building To continue hearings on S. 1946, pro­ vention on the Elimination of All Labor and Human Resources posed Railroad Transportation Policy Forms of Racial Discrimination Treaty Handicapped Subcommittee Act. (Exec. C, 95th Cong., 2d sess.); the To continue oversight hearings on the 235 Russell Building International Covenant on Economic, implementation of the Rehabilitation, Judiciary Social and Cultural Rights Treaty Comprehensive Service, and Develop­ (Exec. ~D . 95th Cong., 2d sess.) ; the mental Disabilities Amendments of To resume hearings on S. 1612, to create International Covenant on Civil and 1978 (P.L. 95-602). a statutory charter which defines the Political Rights Treaty (Exec. E, 95th policy and intent of the investigative 457 Russell Building Cong., 2d sess.); and the American 10 :00 a.m. authority and responsibilities in mat­ Convention on Human Rights Treaty ters under the jurisdiction of the FBI. Environment and Public Works 2228 Dirksen Building (Exec. F, 95th Cong., 2d sess.) . Environmental Pollution and Resource 4221 Dirksen Building Protection Subcommittees 10:00 a.m. Environment and Public Works Governmental Affairs To resume joint markup of S. 1480, 1325, Environmental Pollution and Resource Intergovernmental Relations Subcommit­ and 1341, bills to provide for adequate Protection Subcommittees tee and safe treatment of hazardous sub­ To resume oversight hearings to exam­ stances being released into the en­ To resume joint markup of S. 1480, 1325, ine the scope of the general revenue vironment. and 1341, bills to provide for adequate sharing policy. 4200 Dirksen Building and safe treatment of hazardous sub­ 3302 Dirksen Building stances being released into the en­ Governmental Affairs 10:00 a .m . To resume oversight hearings focusing vironment. 4200 Dirksen Building Governmental Affairs on the organizational and manage­ To continue oversight hearings focusing ment aspects of the Department of Labor and Human Resources on the organizational and manage­ Energy. Education, Arts, and Humanities Sub­ ment aspects of the Department of 3302 Dirksen Office Building committee Energy. 2:00 p.m. To hold oversight hearings on title III, 3302 Dirksen Building Judiciary providing aid to developing institu­ NOVEMBER 16 To hold hearings on pending nomina­ tions, of the Higher Education Act. 9:30 a .m. tions. 4232 Dirksen Building Foreign Relations 2228 Dirksen Building NOVEMBER 13 To continue hearings on the following 2:30 p.m. 10:00 a.m. international treaties proposing hu­ Finance Governmental Affairs man rights: the International Con­ Taxation and Debt Management Generally To resume oversight hearings focusing vention on the Elimination of All Subcommittee on the organizational and manage- Forms of Racial Discrimination Treaty 30026 CONGRESSIONAL RECORD-SENATE October 30, 1979 (Exec. C, 95th Cong., 2d sess.); the To resume hearings on S. 1250, to de­ To hold hearings on S . 1855, author­ International Covenant on Economic, velop techniques for analyzing and izing funds through fiscal year 1982 Social and Cultural Rights Treaty stimulating technological and indus­ to provide technical assistance for (Exec. D, 95th Cong., 2d sess.); the trial innovation by the Federal Gov­ tribally controlled community col­ leges. International Covenant on Civil and ernment. Political Rights Treaty (Exec. E, 95th Room to be announced 5110 Dirksen Building Cong., 2d sess.); and the American NOVEMBER 28 Convention on Human Rights Treaty 10:00 a.m. 10:00 a.m. (Exec. F, 95th Cong., 2d sess.). Commerce, Science, and Transportation Select on Indian Affairs 4221 Dirksen Building Merchant Ma.rine and Tourism Subcom­ To hold hearings on S. 1466, to provide 10:00 a.m. mittee for distribution of certain judgment Finance To resume hearings on S. 1460, 1462, and funds in favor of the Delaware Tribe Public Assistance Subcommittee 1463, bills to facilltate and streamline of Indians and the absentee Dela­ To hold oversight hearings on alleged the implementation of the regulatory ware Tribe of Western Oklahoma. fraud and mismanagement practices part of the U.S. maritime policy. Room to be announced within HEW directed toward erroneous 235 Russell Building DECEMBER 4 State payments to recipients of the Select on Indian Affairs 10:00 a .m. Aid to Families with Dependent Chil­ Select on Indian Affairs dren and Medicaid programs under the To hold hearings on S. 1730 and 1832, Social Security Act. bills to declare certain lands tn the To hold hearings on S. 1507, to provide for the purchase of certain facilities, 2221 Dirksen Building States of Arizona and New Mexico to lands, and water rights in and around NOVEMBER 20 be Indian reservation lands. the San Luis Rey River and Lake 9:30 a.m. Room to be announced Henshaw, California, to be operated • commerce, Science, and Transportation NOVEMBER 26 and maintained by specified bands Science, Technology, and Space Subcom­ 10:00 a.m. of Mission Indians. mittee Select on Indian Affairs Room to be 'announced

SENATE-Tuesday, October 30, 1979

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