976 CONGRESSIONAL RECORD- HOUSE January 24, 1979 and the buyer could tal-:e the dealer into portation to get to work. According to overly heavy Government regulations are court to have it fixed. The local court sys­ Ray: a prime contributor to inflation and an tem will be swamped. The FTC staff has proposed in one sticker unfair burden, especially on small busi­ Ray said the majority of the estimated all the worst elements of government regula­ nessmen. It is of grave concern to me 70,000 used car businesses in the coun­ tion, the regulation is inflationary and dis­ that the Federal Government's regula­ criminatory; it penalizes the honest busi­ tors are ignoring their own President try-NIADA represents 8,000-are too nessman and won't eliminate the dishonest; small to have the facilities and personnel the regulation exceeds their authority; it and the will of Congress and are in - necessary to perform inspections eco­ will curb, not stimulate, competition; and truding into an area that simply ought nomically, and many will simply have it will affect corporations and businesses, to be left to the dealers, buyers, State to go out of business. Ray claims: large and small, that have company cars in legislatures, and the forces of the mar­ It will destroy the small businessman in the same way it will affect used car dealers. ketplace. the market as we know it today. That means It does appear," Ray concluded, "that the I suggest the absence of a quorum. less selection for the buyer, and a decrease FTC staff is determined to sell the American The PRESIDING OFFICER. The clerk in the competitive forces. public a lemon, and they won't even let us will call the roll. kick the tires. Current estimates indicate dealers The assistant legislative clerk pro­ make 40 percent of used car sales an­ Mr. President, I share the concern of ceeded to call the roll. nually, with 60 percent handled pri­ many of my colleagues over the adverse Mr. ROBERT C. BYRD. Mr. President, vately. A history of similar government impact of these regulations. There are I ask unanimous consent that the order regulations in West Germany has had a 70,000 used car dealers in the United for the quorum call be rescinded. States, and this proposal could possibly The PRESIDING OFFICER. Without prophetic impact on its dealer market: objection, it is so ordered. Virtually all used car sales there occur put half of them out of business. The individual to individual. across-the-board fixed cost imposed on all dealers as a result of this regulation To survive, American dealers will have RECESS UNTIL TOMORROW to pass along the extra costs to their cus­ will impact most heavily on small busi­ tomers, which will severely discriminate nesses, which we often call the "moms Mr. ROBERT C. BYRD. Mr. President, against the poor. and pops" ventures. And for those deal­ in compliance with the order that has Add $100 to the cost of a $2,000 used ers who manage to survive, expenses been previously entered, I move the Sen­ car, and you have a 5-percent markup. will be higher, increasing the cost to the ate stand in recess until tomorrow at 12 But $100 added to an $800 car is a 12-per­ consumer and thus fueling the fires of o clock noon. cent increase. The people shopping for inflation. The motion was agreed to; and at 1 :46 a car under $1,000 depend on the used In his anti-inflation speech, President p.m., the Senate recessed until Thursday, car market for a cheap means of trans- Carter stated th_at unnecessary and January 25, 1979, at 12 o'clock meridian.

HOUSE OF REPRESENTATIVES-Wednesday, January 24, 1979 The House met at 3 p.m. Mr. SKELTON. Mr. Speaker, civil de­ McKINNEY, of the Fourth District of The Right Reverend Monsignor Wal­ fense's proposed budget for fiscal year Connecticut, I have the honor to report ter Paska, J.C.D., St. Peter and Paul 1980 is $110 million. When inflation is that on the 22d day of January 1979, at Church, Baltimore, Md., offered the fol­ taken into account, we see civil defense 4480 Congress Street, Fairfield, Conn., I lowing prayer: gets no increase in funds. administered the oath of office to Mr. Almighty God, bless our esteemed Although I disagree with President McKINNEY, in the form prescribed by President and august Congress, sharers Carter's decision not to raise our civil section 1757 of the Revised Statutes of in the responsibility of government, that defense budget, I feel it is too late this the United States, being the form of oath their efforts culminate in worldwide year to campaign for substantial addi­ administered to Members of the House peace and stability. tional money. However, we must look at of Representatives, to which Mr. As we pray for the United States, we the future. McKINNEY subscribed. also petition for the welfare of the President Carter has set the tone and The SPEAKER. The Chair extends Ukrainian nation whose Proclamation of the theme for his administration. It is thanks to the gentleman from Connecti­ Liberty 61 years ago commemorated the called "New Foundations." This motif cut (Mr. GIAIMO) for performing the effort of a freedom-loving Christian peo­ also should apply to civil defense. It is duty he described. ple to share in the blessings of democ­ time to dispose of our old and negative racy. Respect for individual liberty and approaches to civil defense and start re­ thinking of civil defense in fresh and INTRODUCTION OF CITIZEN PRO­ acknowledgment of Your divine existence TECTION ACT TO OVERTURN SU­ remain integrally united with the as­ realistic terms. Civil defense too must have "New Foundations." PREME COURT'S STANFORD pirations of Ukraine. DAILY DECISION We pray for this realization, through This year, civil defense is not part of Your omnipotence in bestowing and that theme. However, we immediately (Mr. QUAYLE asked and was given Your infinite charity for humanity. have to begin the groundwork for a re­ permission to address the House for 1 vived civil defense in our country. minute and to revise and extend his re­ marks.) THE JOURNAL Mr. QUAYLE. Mr. Speaker, I am today D 1505 introducing the Citizen Protection Act to The SPEAKER. The Chair has exam­ ADMINISTRATION OF OATH OF overturn the Supreme Court's Stanford ined the Journal of the last day's pro­ Daily decision which authorizes officials ceedings and announces to the House his OFFICE TO THE HONORABLE STEWART B. McKINNEY to conduct surprise searches of news­ approval thereof. rooms, homes, and offices although no Pursuant to clause 1, rule I, the Jour­ (Mr. GIAIMO asked and was given one present is suspected of a crime. nal stands approved. permission to address the House for 1 Recently I was pleased to learn that minute and to revise and extend his re­ President Carter had instructed the Jus­ marks.) NECESSITY FOR A REVIVED CIVIL tice Department to develop a proposal to DEFENSE IN OUR COUNTRY Mr. GIAIMO. Mr. Speaker, in accord­ protect a reporter's "work product." But ance with your designation of me, the Carter proposal is only half a loaf­ (Mr. SKELTON asked and was given pursuant to House Resolution 8, 96th it protects only the media. permission to address the House for 1 Congress, adopted by the House of Rep­ My bill, the Citizen Protection Act, af­ minute and to revise and extend his re­ resentatives, to administer the oath of fords protection not only for the media, marks.) office to Representative STEWART B. but for all citizens.

D This_§ymbol represents the time of day during the House Proceedings, e.g., D 1407 is 2:07 p.m. • This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. January 24, 1979 CONGRESSIONAL RECORD- HOUSE 977 This act mandates any law official to PRESIDENT CARTER'S FISCAL YEAR ment of Justice in addition to 281 spe­ use the "subpena first rule" in cases 1980 BUDGET cial agents and Border Patrol person­ where "the person in possession of the (Mr. BONER of Tennessee asked and nel. This is also in addition to a law en­ information has a reasonable expecta­ forcement reduction of $122 million in was given permission to address the State and local assistance programs. I tion of privacy." House for 1 minute and to revise and Under the provisions of the bill, a am especially concerned, Mr. Speaker, in extend his remarks.) the proposed cuts in alcohol and drug search warrant could be issued only in Mr. BONER of Tennessee. Mr. cases in which: First, there is "probable rehabilitation programs. The budget is Speaker, on January 23, 1979, my replete with reductions relating to this cause to believe the person or persons in colleagues and I received President possession of the evidence may be in­ key program. Carter's state of the Union address In addition, the largest cuts have been volved in the crime"; or second, there is to the 96th Congress and his budget "probable cause to believe the person in initiated in the area of agriculture and possession of the evidence has a reason­ recommendations for the U.S. Gov­ community development. Major cuts in able expectation of privacy." ernment for the fiscal year 1980. agriculture spending included $326 mil­ These standards would apply across I should like to take this opportunity lion reduction in rural development proj­ the board to Federal, State, and local to applaud the President in his efforts ects and cuts in grant and loan for rural officials under the provisions of this bill. to reduce the Federal deficit to $29 bil­ housing by more than $400 million. In Although the Stanford Daily case in­ lion in 1980 down $8.4 billion or 22.4 addition the agriculture budget calls for volves a newspaper, the effect of the de­ percent from the 1979 deficit of $37.4 $110 million spending cut by eliminating cision goes far beyond the newsroom. In billion which was estimated to be $11.5 the Federal substantive for milk at effect, every business, home or office billion or 23.5 percent below 1978. In schools or milk as provided as part of would be subject to a forcible entry and addition, the President is trying to cur­ other food programs. search even though the person or or­ tail Federal spending and in his message Mr. Speaker, at the same time that I ganization entered was not suspected of to the Congress provide the necessary have detailed several of the major areas criminal activity. "discipline over Federal spending by of concern to me that reflect decreases in eliminating programs that are unwork­ the fiscal year 1980 budget, I want to also No one will argue that prosecutors and able and improving programs to make law enforcement officers should have the highlight some of the budget increases them more effective, and forcusing on that merit a second reflection by the authority to gather evidence. However, a system and reorganizing and con­ the guidelines established by the Court Congress during our authorization and solidating Federal activities to improve appropriations process. Two of the areas do not set a good example of how jus­ the efficiency and avoid waste, abuse, or tice should be administered. which received large increases were in­ mismanagement." ternational affairs, up 12 percent since Supreme Court Justice John P. All of these efforts, Mr. Speaker, are last year and military defense budget Stevens explained the magnitude of the geared toward controlling the No. 1 areas, up 10 percent since last year. I decision in his dissent: problem that faces the American pub­ understand that the Agency for Inter­ Just as the witnesses who participated in lic, that is inflation, and the possibility national Development operates develop­ an investigation or a trial far outnumber of recision and depression. the defendants, the persons who possess ment assistance programs designed prin­ evidence that may help to identify an of­ While I applaud our executive branch cipally to help meet basic needs of the fender or explain an aspect of a criminal in its efforts to come to grips with Fed­ poor in developing countries through transaction, far outnumber those who have eral spending, I want to reemphasize promotion of economic growth. custody of weapons or plunder. Countless my belief that the Congress of the United These programs are expected to rise law-abiding citizens-doctors, lawyers, mer­ States must give direction and policy from $1.2 billion in 1979 to $1.3 billion in chants, customers, bystanders-may have guidelines to the Federal budget and 1980. In addition, outlays for foreign eco­ documents in their possession that relate to determine itself and not through the nomic and financial assistance are to in­ an ongoing criminal investigation. The con­ sequences of subjecting this large category Office of Management and Budget which crease by $220 million to $5.5 billion in of persons to unannounced police searches areas need to be increased or decreased 1980 and outlays for multilateral devel­ are extremely dangerous. depending on their merits and their opment banks are estimated to rise from needs. I refer specifically, Mr. Speaker, $0.9 billion in 1979 to $1.0 billion in 1980. Although our cherished first amend­ to many of the areas that have been While I understand the need for for­ ment applies to all citizens, there are decreased as proposed in the President's eign assistance and international coop­ special problems when it comes to oper­ and the OMB-directed budget. eration, especially with financial insti­ ating a newspaper or any news-gather­ tutions overseas, I think the Congress ing organization. Specifically, some of the areas that concern the Fifth District of my State should take a long second look, Mr. The unannounced search of a newspa­ of Tennessee and the United States in Speaker, in cutting programs at home per or broadcast studio could jeopardize general relates to cutbacks in many of while increasing programs for the poor the confidential sources that journalists the areas of social welfare and agricul­ around the world. I shall look forward to have gathered. As search warrant, unlike ture. I understand from reports that new studying the authorization hearings re­ a subpena, would allow a police officer to authority to build new or subsidized ex­ lating to international affairs and to go through all the newspaper's files. But isting housing units would drop from consider further the President's recom­ through the subpena process, the news­ 323,660 to 300,000 units and a $45 million mendations in this area. paper would be required to produce only cut has been proposed in the highly pop­ In addition, I am a strong believer in the specific documents ordered. ular program that provides low interest a national defense structure that is sec­ The majority opinion in Stanford loans for the rehabilitation of older ond to none. I understand the President's Daily stated that Congress could pro­ houses, a cutback in the level of summer thrust in beefing up our military vide nonconstitutional protections jobs for youth from 1 million next sum­ strength, both at home and especially against possible abuses of the search mer to 750,000 in 1980 by eliminating 14 with our NATO allies abroad. However, warrant procedure. year olds from eligibility. The budget there must be some reflection on the part Thus the Court refused to set up a proposes slashing programs under the of the Congress to specific weapon sys­ constitutional standard for seizure of Comprehensive Employment and Train­ tems and purchases in our overall stra­ materials held by persons not suspected ing Act by $729 million below their 1979 tegic weapon systems and purchases in of criminal acts. So it is up to us as the level reducing the number of public serv­ our overall strategic doctrine as well as Congress to insure the privacy of all ice jobs 625,000 to 467,000 by the end of our commitment to our NATO allies to­ Americans, to protect our first amend­ 1980. ward fulfilling their role in defense ment rights and further delineate the The Labor Department officials have expenditures. fourth amendment. indicated that these jobs will be pro­ Mr. Speaker, I will personally review It is our duty to legislate the "sub­ vided by private employers who hire peo­ each and every area that affects the in­ pena first rule," rather than continuing ple eligible for CETA jobs. Cutbacks in terest and the well-being of my constit­ to allow forced searches of innocent the Department of Justice in law enforce­ uents in the Fifth District of Tennessee. third parties whether they be the media ment, slashing $111.5 million and re­ I shall fight for programs whose reduc­ or ordinary citizens. ducing by 1,000 positions in the Depart- tion effects directly the lives and well- CXXV-62-Part 1 978 CONGRESSIONAL RECORD-HOUSE January 24, 1979 being of the people of Tennessee, ever Suspension of the tariff would give GOMERY, Mississippi; HAROLD RUNNELS, New mindful, however, of the need to control Hercules, Inc., the time it needs to ex­ Mexico; LES ASPIN, Wisconsin; RONALD v. Federal spending and reduce our deficit. pand its nitrocellulose production and DELLUMS, California; MENDEL J. DAVIS, Soutb It is easy, Mr. Speaker, to attack the Carolina; PATRICIA SCHROEDER, Colorado; give other potential domestic suppliers ABRAHAM KAZEN, JR., Texas; ANTONIO BORJA President and to call for budget cuts in a chance to enter the market. Hercules WON PAT, Guam; BOB CARR, Michigan; JIM an ever-constricting Federal budget, has no objections to a temporary sus­ LLOYD, California; LARRY MCDONALD, Georgia; however, in my short review of the over pension of the duty and endorses our BOB STUMP, Arizona; VIC FAZIO, California; 1,180 pages that contain the Federal proposal. CLAUDE (BUDDY) LEACH, Louisiana; BEVERLY budget. I have found that the President I urge the Trade Subcommittee and B. BYRON, Maryland; NICHOLAS MAVROULES, has tried to grapple with the problem of the full House Ways and Means Com­ Massachusetts; JoE WYATT, JR., Texas; DoN increased Federal spending and fulfill mittee to give this matter early con­ BAILEY, Pennsylvania. many of his campaign promises to reduce sideration. Committee on Banking, Finance and Urban inflation and prevent recision and de­ Affairs: HENRY s. REUSS (chairman)' Wis­ pression in this Nation. I shall, where consin; THOMAS L. ASHLEY, Ohio; WILLIAM s. possible, support the President in these DESIGNATING MEMBERSHIP ON MOORHEAD, Pennsylvania; FERNAND J. ST efforts keeping in mind the authority of CERTAIN STANDING COMMITTEES GERMAIN, Rhode Island; HENRY B. GONZALEZ, the Congress to authorize and to appro­ OF THE HOUSE Texas; JOSEPH G. MINISH, New Jersey; FRANK ANNUNZIO, Illinois; JAMES M. HANLEY, New priate the funds for the Federal Govern­ Mr. FOLEY. Mr. Speaker, as chairman York; PARREN J. MITCHELL, Maryland; WALTER ment. of the Democratic Caucus and by direc­ E. FAUNTROY, District of Columbia; STEPHEN tion of the Democratic Caucus, I send L. NEAL, North Carolina; JERRY M. PATTERSON, REINTRODUCTION OF LEGISLATION to the desk a privileged resolution New York; GLADYS NOON SPELLMAN, CELLULOSE Maryland; LES AUCOIN, Oregon; DAVID w. The Clerk read the resolution, as fol­ (Mr. PREYER asked and was given EVANS, Indiana; NORMAN E. D'AMOURS, New lows: Hampshire; STANLEY N. LUNDINE, New York; permission to address the House for 1 H. RES. 62 JOHN J. CAVANAUGH, Nebraska; MARY ROSE minute and to revise and extend his re­ Resolution designating membership on cer­ OAKAR, Ohio; JIM MATTOX, Texas; BRUCE F. marks.) tain standing committees of the House VENTO, Minnesota; DOUG BARNARD, Georgia; Mr. PREYER. Mr. Speaker, I am to­ Resolved, That the following-named Mem­ WES WATKINS, Oklahoma; ROBERT GARCIA, day reintroducing legislation on behalf bers, Delegates, and Resident Commissioner New York; MICHAEL E. LOWRY, Washington. of myself, Mr. GUDGER, Mr. HOLLAND, Mr. be, and they are hereby, elected to the fol­ lowing standing committees of the House of Committee on Budget: ROBERT N. GIAIMO JACOBS, and Mr.VANDERJAGT, to suspend (chairman) , Connecticut; JIM WRIGHT, until June 30, 1980, the duty imposed on Representatives: Committee on Agriculture: THOMAS S. Texas; THOMAS L. ASHLEY, Ohio; LOUIS nitrocellulose imported into the United FOLEY (chairman) , Washington; E DE LA STOKES, Ohio; ELIZABETH HOLTZMAN, New States. GARZA, Texas; WALTER B. JONES, North Caro­ York; DAVID R. OBEY, Wisconsin; PAUL SIMON, Nitrocellulose is the basis for a large lina; ED JONES, Tennessee; DAWSON MATHIS, Illinois; NORMAN Y. MINETA, California; JIM number of fast drying, durable lacquer Georgia; GEORGE E. BROWN, JR., California; MATTOX, Texas; JAMES R. JONES, Oklahoma; coatings and is used for automotive re­ DAVID R. BOWEN, Mississippi; CHARLES ROSE, STEPHEN J. SOLARZ, New York; WILLIAM M. North Carolina; FREDERICK w. RICHMOND, BRODHEAD, Michigan; TIMOTHY E. WIRTH, finishing, for primers, and other fast Colorado; LEONE. PANETTA, California; RICH­ drying coatings for metal and plastics. It New York; RICHARD NOLAN, Minnesota; JAMES WEAVER, Oregon; ALVIN BALDUS, Wis­ ARD A. GEPHARDT, Missouri; BILL NELSON, is also used for nonfurniture wood consin; TOM HARKIN, Iowa; BERKLEY BEDELL, Florida; WILLIAM H. GRAY III, Pennsylvania. finishes, paper coatings, and many Iowa; GLENN ENGLISH, Oklahoma; FLOYD J. Committee on the District of Columbia: novelty coatings. However, one of the FITHIAN, Indiana; LEON E. PANETTA, Califor­ RONALD v. DELLUMS (chairman)' California; principal uses for nitrocellulose, and one nia; IKE SKELTON, Missouri; JERRY HUCKABY, CHARLES c. DIGGS, JR., Michigan; WALTER E. for which there is no substitute, is in Louisiana; DAN GLICKMAN' Kansas; DANmL FAUNTROY, District of Columbia; ROMANO L. the manufacture of finishes for wood K. AKAKA, Hawaii; CHARLES WHITLEY, North MAzzoLI, Kentucky; HERBERT E. HARRIS II, Vir­ Carolina; TONY COELHO, California; THOMAS ginia; DAN DANIEL, Virginia. furniture. This is vital to the furniture A. DASCHLE, South Dakota; KENT HANCE, manufacturers in the State of North Car­ Committee on Education and Labor: Texas; BERYL ANTHONY, JR., Arkansas; CARL D. PERKINS (chairman)' Kentucky; olina and in the Nation. CHARLES w. STENHOLM, Texas. FRANK THOMPSON, JR., New Jersey; JOHN Legislation to lift the tariff passed Committee on Appropriations: JAMIE L. BRADEMAS, Indiana; AUGUSTUS F. HAWKINS, the House and Senate last fall, but died WHITTEN (chairman)' Mississippi; EDWARD California; WILLIAM D. FORD, Michigan; on the floor of the Senate during the P. BOLAND, Massachusetts; WILLIAM H. PHILLIP BURTON, California; JOSEPH M. GAY­ hectic, last hours of the 95th Congress, NATCHER, Kentucky; DANIEL J. FLOOD, Penn­ DOS, Pennsylvania; WILLIAM (BILL) CLAY, when a controversial tax amendment sylvania; TOM STEED, Oklahoma; JOHN M. Missouri; MARIO BIAGGI, New York; IKE F. was added to the bill. SLACK, West Virginia; NEAL SMITH, Iowa; ANDREWS, North Carolina; PAUL SIMON, Il­ ROBERT N. GIAIMO, Connecticut; JOSEPH P. linois; EDWARD P. BEARD, Rhode Island; The need to lift the tariff was ADDABBO, New York; EDWARD J. PATTEN, New prompted by one of only two domestic GEORGE MILLER, California; MICHAEL 0. Jersey; CLARENCE D. LONG, Maryland; SIDNEY MYERS, Pennsylvania; AUSTIN J. MURPHY, suppliers of nitrocellulose, E. I. du Pont R. YATES, Illinois; DAVID R. OBEY, Wisconsin; Pennsylvania; TED WEISS, New York; BAL­ de Nemours & Co., deciding to halt pro­ EDWARD J. ROYBAL, California; LOUIS STOKES, TASAR CORRADA, Puerto Rico; DALE E. KILDEE, duction of the material. Ohio; GUNN McKAY, Utah; TOM BEVILL, Michigan; PETER A. PEYSER, New York; Alabama; BILL CHAPPELL, JR., Florida; BILL During 1978 the available supply of EDWARD J. STACK, Florida; PAT WILLIAMS, D. BURLISON, Missouri; BILL ALEXANDER, Ar­ Montana; WILLIAM R. RATCHFORD, Con­ nitrocellulose fell short of demand by kansas; JOHN P. MURTHA, Pennsylvania; BOB necticut; RAY KoGovsEK, Colorado. 20 percent and the shortage is expected TRAXLER, Michigan; ROBERT DuNCAN, Oregon; to be even more critical during 1979. JOSEPH D. EARLY, Massachusetts; CHARLES Committee on Government Operations: The remammg domestic supplier, WILSON, Texas; LINDY (Mrs. HALE) BOGGS, JACK BROOKS (chairman)' Texas; L. H. Hercules, Inc., has committed itself to Louisiana; ADAM BENJAMIN, Jn., Indiana; FOUNTAIN, North Carolina; DANTE B. FAS­ meeting the demand, but needs time to NORMAND. DICKS, Washington; MATTHEW F. CELL, Florida; WILLIAM s. MOORHEAD, Penn­ bolster its production capacity. MCHUGH, New York; Bo GINN, Georgia; WIL­ sylvania; BENJAMIN s. ROSENTHAL, New In the meantime, American coating LIAM LEHMAN, Florida; JACK HIGHTOWER, York; FERNAND J. ST GERMAIN, Rhode Texas; JOHN w. JENRETTE, JR., South Caro­ Island; DON FuQUA, Florida; John CONYERS, manufacturers, who have been forced to lina; MARTIN OLAV SABO, Minnesota; JULIAN import nitrocellulose, must pay a 9.7- JR., Michigan; CARDISS COLLINS, IlUnois; c. DIXON, California; BENNETT M. STEWART, JOHN L. BURTON, California; RICHARDSON cents a pound tariff. The result is a Illinois. minimum 10-percent increase over exist­ PREYER, North Carolina; ROBERT F. DRINAN, Committee on Armed Services: MELVIN Massachusetts; GLENN ENGLISH, Oklahoma; PRICE (chairman). Illinois; CHARLES E. BEN­ ing domestic prices and a handicap in ELLIOTT H. LEVITAS, Georgia; DAVID w. the marketplace. NETT, Florida; SAMUEL s. STRATTON, New York; RICHARD H. !CHORD, Missouri; LUCIEN EVANS, Indiana; ANTHONY TOBY MOFFETT, Manufacturers absorbed most of the N. NEDZI, Michigan; CHARLES H. WILSON, Connecticut; ANDREW MAGUIRE, New Jersey; cost during 1978, but supply problems dis­ California; RI::HARD C. WHITE, Texas; BILL LES ASPIN, Wisconsin; HENRY A. WAXMAN, rupted the production lines of smaller NICHOLS, Alabama; JACK BRINKLEY, Georgia; California; FLOYD J. FITHIAN, Indiana; PETER companies worried about stockpiling the ROBERT H. MOLLOHAN. West Virginia; DAN H. KOSTMAYER, Pennsylvania; TED WEXSS, flammable nitrocellulose. DANIEL, Virginia; G. v. (SONNY) MONT- New York; MIKE LYNN SYNAR, Okla- January 24, 1979 CONGRESSIONAL RECORD-HOUSE 979

homa; ROBERT T. MATSUI, California: Carolina; MARIO BlAGGI, New York; GLENN ANDY IRELAND, Florida; DALE E. KlLDEE, EUGENE v. ATKINSON, Pennsylvania. M. ANDERSON' California; E DE LA GARZA, Michigan; IKE SKELTON, Missouri; BILLY LEE Comlllittee on House Administration: Texas; JOHN B. BREAUX, Louisiana: GERRY E. EVANS, Georgia; DOUG BARNARD, Georgia; FRANK THOMPSON, JR. (chairman)' New STUDDS, Ma,SSachusetts: DAVID R. BOWEN, CLAUDE LEACH, Louisiana. Jersey; LUCIEN N. NEDZI, Michigan; JOHN Mississippi; CARROLL HUBBARD, JR., Kentucky; Committee on Veterans' Affairs: RAY BRADEMAS, Indiana; AUGUSTUS F. HAWKINS, DON BONKER, Washington; LES AUCOIN, ROBERTS (chairman)' Texas; DAVIDE. SATTER­ California; FRANK ANNUNZIO, Illinois; Oregon; NORMAN E. D'AMOURS, New Hamp­ FIELD III, Virginia; DON EDWARDS, California; JOSEPH M. GAYDOS, Pennsylvania; ED JONES, shire; JAMES L. 0BERSTAR, Minnesota; WIL­ G. v. (SONNY) MONTGOMERY, Mississippi; Tennessee; ROBERT H. MOLLOHAN, West Vir­ LIAM J. HUGHES, New Jersey; BARBARA A. GEORGE E. DANIELSON, California; LESTER L. ginia; LIONEL VAN DEERLIN, California; MIKULSKI, Maryland; DAVIDE. BONIOR, Mich­ WOLFF, New York; JACK BRINKLEY, Georgia; JOSEPH G. MINISH, New Jersey; MENDEL J. igan; DANIEL K. AKAKA, Hawaii; MICHAEL o. RONALD M. MOTTL, Ohio; W. G. (BILL} HEF­ DAVIS, South Carolina; CHARLES ROSE, North MYERS, Pennsylvania; JOE WYATT, JR., Texas; NER, North Carolina; EDWARD P. BEARD, Rhode Carolina; JOHN L. BURTON, California; PETER MICHAELE. LOWRY, Washington; EARL DEWITT Island; ROBERT w. EDGAR, Pennsylvania; SAM A. PEYSER, New York; WILLIAM R. RATCHFORD, HUTTO, Florida; EDWARD J. STACK, Florida; B. HALL, JR., Texas; DOUGLAS APPLEGATE, Connecticut; VIc FAZIO, California. BRIAN J. DONNELLY, Massachusetts. Ohio; MARVIN LEATH, Texas; WILLIAM HILL Committee on Interior and Insular Affairs: Committee on Post Office and Civil Service: BONER, Tennessee; PHIL GRAMM, Texas; MORRIS K. UDALL (chairman)' Arizona; PHIL­ JAMES M. HANLEY (chairman)' New York; RICHARD c. SHELBY, Alabama; TONY P. HALL, LIP BURTON, California; ROBERT w. KAsTEN­ MORRIS K. UDALL, Arizona; CHARLES H. WIL­ Ohio; DAN MICA, Florida; THOMAS A. MEIER, Wisconsin; ABRAHAM KAZEN, JR., SON, California; WILLIAM D. FORD, Michigan; DASCHLE, South Dakota; TONY COELHO, Cali­ Texas; JONATHAN B. BINGHAM, New York; WILLIAM (BILL} CLAY, Missouri; PATRICIA fornia. JOHN F. SEIBERLING, Ohio; HAROLD RUNNELS, SCHROEDER, Colorado; GLADYS NOON SPELL­ Comlllittee on Ways and Means: AL ULL­ New Mexico; ANTONIO BORJA WON PAT, MAN, Maryland; HERBERT E. HARRIS II, Vir­ MAN (chairman), Oregon; DAN ROSTENKOW­ Guam; BOB ECKHARDT, Texas; JIM SANTINI, ginia; ROBERT GARCIA, New York; GEORGE SKI, Illinois; CHARLES A. VANIK, Ohio; JAMES Nevada; JAMES WEAVER, Oregon; BOB CARR, THOMAS (MICKEY) LELAND, Texas; GERALDINE c. CORMAN, California; SAM GIBBONS, Florida; Michigan; GEORGE MILLER, California; JAMES A. FERRARO, New York; CHARLES w. STEN­ J. J. PICKLE, Texas; CHARLES B. RANGEL, New J. FLORIO, New Jersey; DAWSON MATHIS, HOLM, Texas. York; WILLIAM R. COTTER, Connecticut; Georgia; PHILIP R. SHARP, Indiana; EDWARD Committee on Public Works and Trans­ FORTNEY H. (PETE) STARK, California; JAMES J. MARKEY, Massachusetts; PETER H. KosT­ portation: HAROLD T. JOHNSON (chairman)' R. JONES, Oklahoma; ANDREW JACOBS, JR., MAYER, Pennsylvania; BALTASAR CORRADA, California; RAY RoBERTS, Texas; JAMES J. Indiana; ABNER J. MIKVA, Illinois; JOSEPH L. Puerto Rico; AUSTIN J. MURPHY, Pennsyl­ HOWARD, New Jersey; GLENN M. ANDERSON, FISHER, Virginia; HAROLD E. FORD, Tennessee; vania; NICK JoE RAHALL II, West Virginia; California; ROBERT A. ROE, New Jersey; MIKE KEN HOLLAND, South Carolina; WILLIAM M. BRUCE F. VENTO, Minnesota; JERRY HUCKABY, McCORMACK, Washington; JOHN B. BREAUX, BRODHEAD, Michigan; ED JENKINS, Georgia; Louisiana; LAMAR GUDGER, North Carolina; Louisiana; NORMAN Y. MINETA, California; RICHARD A. GEPHARDT, Missouri; RAYMOND F. JAMES J. HOWARD, New Jersey; JERRY M. PAT­ ELLIOTT H. LEVITAS, Georgia; JAMES L. OBER­ LEDERER, Pennsylvania; THOMAS J. DOWNEY, TERSON, California; RAY KOGOVSEK, Colorado; STAR, Minnesota; JEROME A. AMBRO, New York; New York; CECIL (CEc) HEFTEL, Hawaii; PAT WILLIAMS, Montana. HENRY J. NOWAK, New York; ROBERT w. WYCHE FOWLER, JR., Georgia; FRANK J. EDGAR, Pennsylvania; MARILYN LLOYD Bou­ Committee on International Relations: GUARINI, New Jersey; JAMES M. SHANNON, QUARD, Tennessee; JOHN G. FARY, Illinois; CLEMENT J. ZABLOCKI (chairman)' Wisconsin; Massachusetts. w. G. (BILL} HEFNER, North Carolina; ROB­ L. H. FOUNTAIN, North Carolina; DANTE B. ERT A. YOUNG, Missouri; DAVID E. BONIOR, Mr. FOLEY (during the reading). Mr. FASCELL, Florida; CHARLES c. DIGGS, JR., Mich­ Michigan; ALLEN E. ERTEL, Pennsylvania; Speaker, I ask unanimous consent that igan; BEN.JAMIN s. ROSENTHAL, New York; BILLY LEE EVANS, Georgia; RONNIE G. FLIPPO, the resolution be considered as read and LEE H. HAMILTON, Indiana; LESTER L. WOLFF, Alabama; NICK JOE RAHALL II, West Virginia; New York; JONATHAN B. BINGHAM, New York; printed in the RECORD. DOUGLAS APPLEGATE, Ohio; GERALDINE A. FER­ The SPEAKER. Is there objection to Gus YATRON, Pennsylvania; CARDISS COLLINS, RARO, New York; BRIAN J. DONNELLY, Mass­ Illinois; STEPHEN J. SOLARZ, New York; DON achusetts; EARL DEWITT HUTTO, Florida; the request of the gentleman from BONKER, Washington; GERRY E. STUDDS, EUGENE v. ATKINSON, Pennsylvania; DONALD Washington? Massachusetts; ANDY IRELAND, Florida; JOSEPH ALBOSTA, Michigan; MARVIN LEATH, There was no objection. DONALD J. PEASE, Ohio; DAN MICA, Florida; Texas; WILLIAM HILL BONER, Tennessee. The resolution was agreed to. MICHAEL D. BARNES, Maryland; WILLIAM H. Committee on Rules: RICHARD BOLLING A motion to reconsider was laid on the GRAY III, Pennsylvania; TONY P. HALL, Ohio; HOWARD WOLPE, Michigan. (chairman), Missouri; CLAUDE PEPPER, Flor­ table. ida; MORGAN F. MURPHY, Illinois; GILLIS w. Committee on Interstate and Foreign Com­ LONG, Louisiana; JOE MOAKLEY, Massachu­ merce: HARLEY 0. STAGGERS (chairman), West setts; SHIRLEY CHISHOLM, New York; CHRIS­ ELECTION OF CERTAIN MEMBERS Virginia; JOHN D. DINGELL, Michigan; LIONEL TOPHER J. DODD, Connecticut; LEO ZEFE­ VAN DEERLIN, California; JOHN M. MURPHY, c. TO STANDING COMMITTEES OF RETTI, New York; BUTLER DERRICK, South THE HOUSE New York; DAVIDE. SATTERFIELD III, Virginia; Carolina; ANTHONY BEILENSON, California; BOB ECKHARDT, Texas; RICHARDSON PREYER, c. MARTIN FROST, Texas. Mr. RHODES. Mr. Speaker, I send to North Carolina; JAMES H. SCHEUER, New York; RICHARD L. OTTINGER, New York; HENRY Committee on Science and Technology: the desk a privileged resolution (H. Res. A. WAXMAN, California; TIMOTHY E. WIRTH, DON FUQUA (chairman)' Florida; ROBERT A. 63) and ask for its immediate considera­ Colorado; PHILIP R. SHARP, Indiana; JAMES ROE, New Jersey; MIKE McCORMACK, Wash­ tion. J. FLORIO, New Jersey; ANTHONY TOBY MOF­ ington; GEORGE E. BROWN, JR., California; The Clerk read the resolution, as FETT, Connecticut; JIM SANTINI, Nevada; JAMES H. SCHEUER, New York; RICHARD L. follows: ANDREW MAGUIRE, New Jersey; MARTY Russo, OTTINGER, New York; TOM HARKIN, Iowa; JIM H. RES. 63 Illinois; EDWARD J. MARKEY, Massachusetts· LLOYD, California; JEROME A. AMBRO, New Resolved, That the following-named Mem­ THOMAS A. LUKEN, Ohio; DOUG WALGREN: York; MARILYN LLOYD BOUQUARD, Tennessee; bers be, and they are hereby, elected to the Pennsylvania; ALBERT GORE, JR., Tennessee; JAMES J. BLANCHARD, Michigan; STEPHEN L. following Standing Committees of the House BARBARA A. MIKULSKI, Maryland; RONALD M. NEAL, North Carolina; DOUG WALGREN, Penn­ of Representatives: MOTTL, Ohio; PHIL GRAMM, Texas; ALLAN sylvania; RONNIE G. FLIPPO, Alabama; DAN BYRON SWIFT, Washington; GEORGE THOMAS GLICKMAN, Kansas; ALBERT GORE, JR., Ten­ COMMITTEE ON AGRICULTURE (MICKEY) LELAND, Texas; RICHARD c. SHELBY, nessee; WES WATKINS, Oklahoma; ROBERT A. WILLIAM c. WAMPLER, Virginia; KEITH G. Alabama. YOUNG, Missouri; RICHARD c. WHITE, Texas; SEBELIUS, Kansas; PAUL FINDLEY, Illinois; Committee on the Judiciary: PETER W. Ro­ HAROLD L. VOLKMER, Missouri; DONALD J. STEVEN D. SYMMS, Idaho; JAMES P. JOHN­ DINO, JR. (chairman), New Jersey; JACK PEASE, Ohio; HOWARD WOLPE, Michigan; SON, Colorado; EDWARD R. MADIGAN, Illinois; BROOKS, Texas; ROBERT w. KASTENMEIER, Wis­ NICHOLAS MAVROULES, Massachusetts; BILL MARGARET M. HECKLER, Massachusetts; JAMES consin; DON EDWARDS, California; JOHN CON­ NELSON, Florida; BERYL ANTHONY, JR., M. JEFFORDS, Vermont; RICHARD KELLY, YERS, JR., Michigan; JOHN F. SEIBERLING, Arkansas. Florida; CHARLES E. GRASSLEY, Iowa; TOM Ohio; GEORGE E. DANIELSON, California; ROB­ Committee on Small Business: NEAL SMITH HAGEDORN, Minnesota; E. THOMAS COLEMAN, ERT F. DRINAN, Massachusetts; ELIZABETH (chairman), Iowa; TOM STEED, Oklahoma; Missouri; RON MARLENEE, Montana; LARRY HOLTZMAN, New York; ROMANO L. MAZZOLI, JOHN D. DINGELL, Michigan; JAMES c. COR­ HOPKINS, Kentucky; and BILL THOMAS, Kentucky; WILLIAM J. HUGHES, New Jersey; MAN, California; JOSEPH P. ADDABBO, New California. SAM B. HALL JR., Texas; LAMAR GUDGER, North York; FERNAND J. ST -GERMAIN, Rhode Island; COMMITTEE ON APPROPRIATIONS Carolina; HAROLD L. VOLKMER, Missouri; HER­ FARREN J. MITCHELL, Maryland; HENRY B. SILVIO 0. CONTE, Massachusetts; ROBERT BERT E. HARRIS II, Virginia; MIKE LYNN GONZALEZ, Texas; JAMES M. HANLEY, New H. MICHEL, Illinois; JOSEPH M. MCDADE, SYNAR, Oklahoma; ROBERT T. MATSUI, Cali­ York; JOHN J. LAFALCE, New York; BERKLEY Pennsylvania; MARK ANDREWS, North Dakota; fornia. BEDELL, Iowa; FREDERICK w. RICHMOND, New JACK EDWARDS, Alabama; ROBERT c. McEWEN, Committee on Merchant Marine and Fish­ York; MARTY Russo, Illinois; ALVIN BALDUS, New York; JOHN T. MYERS, Pennsylvania; J. :ries: JOHN M. MURPHY (chairman), New Wisconsin; RICHARD NOLAN, Minnesota.; KENNETH ROBINSON, Virginia; CLARENCE E. Y-ork; THOMAS L. ASHLEY, Ohio; JOHN D. RICHARD H. !CHORD, Missouri; HENRY J. MILLER, Ohio; LAWRENCE COUGHLIN, Penn­ DINGELL, Michigan; WALTER B. JONES, North NOWAK, New York; THOMAS A. LUKEN, Ohio; sylvania; c. w. BILL YOUNG, Florida; JACK F. 980 CONGRESSIONAL RECORD - HOUSE January 24, 1979

KEMP, New York; RALPH S. REGULA, Ohio; COMMITTEE ON INTERNATIONAL RELATIONS DUNCAN, Tennessee; BILL ARCHER, Texas; CLAIR w. BURGENER, California; GEORGE M . WILLIAM s. BROOMFIELD, Michigan; EDWARD GUY VANDER JAGT, Michigan; PHILIP M. O 'BRIEN, Illinois; VIRGINIA SMITH, Nebraska; J . DERWINSKI, Illinois; PAUL FINDLEY, Illinois; CRANE, Illinois; BILL FRENZEL, Minnesota; ELDON RUDD, Arizona; and CARL D. PURSELL, JOHN BUCHANAN, Alabama; LARRY WINN, JAMES G . MARTIN, North Carolina; SKIP Bu­ Michigan. Kansas; BENJAMIN A. GILMAN, New York; ALIS , Florida; RICHARD T . ScHULZE, Pennsyl­ vania; WILLIS D . GRADISON, JR., Ohio; JOHN COMMITTEE ON ARMED SERVICES TENNYSON GUYER, Ohio; ROBERT J. LAGO­ MARSINO, California; WILLIAM F. GOODLING, H . ROUSSELOT, California; and w. HENSON BOB WILSON, California; WILLIAM L . DICK­ Pennsylvania; JOEL PRITCHARD, Washington; MooRE, Louisiana. INSON, Alabama; G . WILLIAM WHITEHURST, MILLICENT FENWICK, New Jersey; and DAN COMMITTEE ON RULES Virginia; FLOYD SPENCE, South Carolina; DA­ QUAYLE, Indiana. VID c. TREEN, Louisiana; ROBIN L . BEARD, Ten­ JAMES H . QUILLEN, Tennessee; JOHN B . COMMITTEE ON INTERSTATE AND FOREIGN nessee; DONALD J. MITCHELL, New York; MAR­ ANDERSON, Illinois; DELBERT L. LATTA , Ohio; COMMERCE TRENT LOTT, Mississippi; and ROBERT E. JORIE s. HOLT, Maryland; ROBERT w . DANIEL, BAUMAN, Maryland. JR., Virginia; ELWOOD HILLIS, Indiana; SAMUEL L. DEVINE, Ohio; JAMES T. BROY­ DAVID F. EMERY, Maine; PAUL s. TRIBLE, JR., HILL, North Carolina; TIM LEE CARTER, Ken­ COMMITTEE ON SCIENCE AND TECHNOLOGY Virginia; ROBERT E. BADHAM, California; tucky; CLARENCE J. BROWN, Ohio; JAMES M. JOHN w. WYDLER, New York; LARRY WINN, CHARLES DOUGHERTY, Pennsylvania; JIM COLLINS, Texas; NORMAN F. LENT, New York; Kansas; BARRY M . GOLDWATER, California; COURTER, New Jersey; and MELVIN EVANS,* EDWARD R. MADIGAN, Illinois; CARLOS J. MOOR­ HAMILTON FISH, New York; MANUEL LUJAN, Virgin Islands. HEAD, California; MATTHEW J. RINALDO, New New Mexico; HAROLD c. HOLLENBECK, New Jersey; DAVE STOCKMAN, Michigan; MARC L. Jersey; ROBERT K . DORNAN, California; ROB­ COMMITTEE ON BANKING, FINANCE AND MARKS, Pennsylvania; TOM CORCORAN, Illi­ ERT s. WALKER, Pennsylvania; EDWIN B . URBAN AFFAIRS nois; GARY LEE, New York; TOM LOEFFLER, FORSYTHE, New Jersey; KEN KRAMER, Colo­ J. WILLIAM STANTON, Ohio; CHALMERS P . Texas; and BILL DANNEMEYER, California. rado; BILL CARNEY, New York; ROBERT DAVIS, WYLIE, Ohio; STEWART B. McKINNEY, Con­ COMMITTEE ON THE JUDICIARY Michigan; TOBY ROTH, Wisconsin; and DON necticut; GEORGE HANSEN, Idaho; HENRY J. ROBERT McCLORY, Illinois; TOM RAILSBACK, RITTER, Pennsylvania. HYDE, Illinois; RICHARD KELLY, Florida; JAMES Illinois; HAMILTON FISH, New York; M. CALD­ COMMITTEE ON SMALL BUSINESS A. s. LEACH, Iowa; THOMAS B. EVANS, JR., WELL BUTLER, Virginia; CARLOS J. MOORHEAD, Delaware; s. WILLIAM GREEN, New York; RON JOSEPH M . MCDADE, Pennsylvania; SILVIO California; JOHN M. ASHBROOK, Ohio; HENRY 0. CONTE, Massachusetts; J. WILLIAM STAN­ PAUL, Texas; ED BETHUNE, Arkansas; NORM J. HYDE, Illinois; THOMAS N. KINDNESS, Ohio; SHUMWAY, California; CARROLL CAMPBELL, TON, Ohio; WILLIAM s. BROOMFIELD, Michi­ HAROLD s. SAWYER, Michigan; DAN LUNGREN, gan; TIM LEE CARTER, Kentucky; DAN Sout h Carolina; DoN RITTER, Pennsylvania; California; and JAMES SENSENBRENNER, Wis­ QUAYLE, Indiana; DAN MARRIOTT, Utah; TOBY and JON HINSON, Mississippi. consin. ROTH, Wisconsin; LYLE WILLIAMS, Ohio; COMMITTEE ON THE BUDGET COMMITTEE ON MERCHANT MARINE AND FISH­ OLYMPIA SNOWE, Maine; DOUG BEREUTER, DELBERT L . LATTA, Ohio; JAMES T. BROYHILL, ERIES Nebraska; ED BETHUNE, Arkansas; ARLEN North Carolina; BARBER B. CONABLE, New PAUL N. MCCLOSKEY, California; GENE ERDAHL, Minnesota; and TOM TAUKE, Iowa. York; MARJORIE s. HOLT, Maryland; JOHN J . SNYDER, Kentucky; EDWIN B. FORSYTHE, New Mr. RHODES (during the reading). DUNCAN, Tennessee; CLAIR w . BURGENER, Jersey; DAVID c. TREEN, Louisiana; JOEL Mr. Speaker, I ask unanimous consent California; RALPH S . REGULA, Ohio; and Buo PRITCHARD, Washington; DON YOUNG, Alas­ SHUSTER, Pennsylvania. ka; ROBERT E . BAUMAN, Maryland; NORMAN that the resolution be considered as read F . LENT, New York; DAVID F . EMERY, Maine; and printed in the RECORD. COMMITTEE ON THE DISTRICT OF COLUMBIA ROBERT K. DORNAN, California; THOMAS B . The SPEAKER. Is there objection to STEWART B . McKINNEY, Connecticut; ROB­ EVANS, JR., Delaware; PAUL s. TRIBLE, Vir­ the request of the gentleman from ERT w. DANIEL, JR., Virginia; MARC L . MARKS, ginia; ROBERT DAVIS, Michigan; WILLIAM Arizona? Pennsylvania; MILLICENT FENWICK, New Jer­ CARNEY, New York; and MELVIN EVANS,* Vir­ There was no objection. sey; and JIM JEFFRIES, Kansas. gin Islands. The resolution was agreed to. COMMITTEE ON EDUCATION AND LABOR COMMITTEE ON POST OFFICE AND CIVIL A motion to reconsider was laid on the SERVICE JOHN M . ASHBROOK, Ohio; JOHN N. ERLEN­ table. BORN, Illinois; JOHN BUCHANAN, Alabama; EDWARD J. DERWINSKI, Illinois; GENE TAY­ JAMES M. JEFFORDS, Vermont; WILLIAM F. LOR, Missouri; BENJAMIN A. GILMAN, New GOODLING, Pennsylvania; MICKEY EDWARDS, York; JIM LEACH, Iowa; TOM CORCORAN, Il­ PRESIDENT CARTER'S FISCAL YEAR Oklahoma; E. THOMAS COLEMAN, Missouri; linois; JIM COURTER, New Jersey; CHARLES 1980 BUDGET FOR EDUCATION KEN KRAMER, Colorado; ARLEN ERDAHL, Min­ PASHAYAN, California; WILLIAM DANNEMEYER, California; and DANIEL CRANE, Illinois. (Mr. FORD of Michigan asked and nesota; TOM TAUKE, Iowa; DAN CRANE, Illi­ was given permission to address the nois; and JON HINSON, Mississippi. COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION House for 1 minute and to revise and ex­ COMMITTEE ON GOVERNMENT OPERATIONS tend his remarks.) FRANK HORTON, New York; JOHN N. ERLEN­ WILLIAM H. HARSHA, Ohio; JAMES C. CLEVELAND, New Hampshire; DON H . CLAUS­ Mr. FORD of Michigan. Mr. Speaker, BORN, Illinois; JOHN w. WYDLER, New York; President Carter worked with the 95th CLARENCE J. BROWN, Ohio; PAUL N. MCCLOS­ EN, California; GENE SNYDER, Kentucky; KEY, California; THOMAS N . KINDNESS, Ohio; JOHN PAUL HAMMERSCHMIDT, Arkansas; BUD Congress to produce great improvements ROBERT WALKER, Pennsylvania; ARLAN SHUSTER, Pennsylvania; JAMES ABDNOR, in Federal aid to education at all levels. STANGELAND, Minnesota; CALDWELL BUTLER, South Dakota; GENE TAYLOR, Missouri; BAR­ In fiscal year 1979, appropriations for Virginia; LYLE WILLIAMS, Ohio; JIM JEFFRIES, RY M . GOLDWATER, JR., California; TOM HAGE­ student assistance increased 21 percent Kansas; OLYMPIA SNOWE, Maine; WAYNE DORN, Minnesota; ARLAN STANGELAND, Min­ and total education appropriations rose GRISHAM, California; and JOEL DECKARD, nesota; BOB LIVINGSTON, Louisiana; NEWT to $12.7 billion. Indiana. GINGRICH, Georgia; WILLIAM F . CLINGER, JR., Pennsylvania; GERALD SOLOMON, New York; I am disappointed now that, under COMMITTEE ON HOUSE ADMINISTRATION and JERRY LEWIS, California. obvious pressure from the Office of Man­ WILLIAM L. DICKINSON, Alabama; SAMUEL agement and Budget, the President is COMMITTEE ON STANDARDS OF OFFICIAL CON­ L. DEVINE, Ohio; JAMES c. CLEVELAND, New DUCT proposing substantial cuts in Federal Hampshire; BILL FRENZEL, Minnesota; DAVE education funds as part of his attempt STOCKMAN, Michigan; ROBERT E . BADHAM, FLOYD SPENCE, South Carolina; HAROLD to curb Federal spending. HOLLENBECK, New Jersey; BOB LIVINGSTON, California; NEWT GINGRICH, Georgia; JERRY The President's fiscal year 1980 Budget LEWIS, California; and CARROLL CAMPBELL, Louisiana; WILLIAM M. THOMAS, California; and JAMES SENSENBRENNER, JR., Wisconsin. recommendation to the Congress for the South Carolina. education programs administered by the COMMITTEE ON INTERIOR AND INSULAR AFFAIRS COMMITTEE ON VETERANS' AFFAIRS education division of the Department of DON H. CLAUSEN, California; MANUEL Lu­ JOHN PAUL HAMMERSCHMIDT, Arkansas; Health, Education, and Welfare proposes J AN, New Mexico; KEITH G. SEBELIUS, Kansas; MARGARET M. HECKLER, Massachusetts; a cut of $382 million below the fiscal year DON YOUNG, Alaska; STEVE SYMMS, Idaho; CHALMERS P. WYLIE, Ohio; ELWOOD HILLIS, 1979 appropriations. Included are reduc­ JAMES P. JOHNSON, Colorado; ROBERT J. Indiana; JAMES ABDNOR, South Dakota; tions of $156 million in the basic educa­ LAGOMARSINO, California; DAN MARRIOTT, TENNYSON GUYER, Ohio; GEORGE HANSEN, tional opportunity grant program, $94 Utah; RON MARLENEE, Montana; MICKEY Idaho; HAROLD s. SAWYER, Michigan; WAYNE million in the National Direct Student EDWARDS, Oklahoma; DICK CHENEY, Wyo­ GRISHAM, California; JOEL DECKARD, Indi­ Loan program, and $288 million in assist­ ming; CHIP PASHAYAN, California; ROBERT ana; and GARY LEE, New York. ance to schools in federally affected WHITTAKER, Kansas; DOUG BEREUTER, Ne­ COMMITTEE ON WAYS AND MEANS braska; and MELVIN EvANS*, Virgin Islands. areas. Programs for school libraries, pub­ BARBER B. CONABLE, New York; JOHN J. lic libraries and college libraries are slated for cuts totaling $32.6 million. *Nonvoting Delegate. •Nonvoting Delegate. There is no increase in funding for voca- January 24, 1979 CONGRESSIONAL RECORD-HOUSE 981 tional education and only modest in­ for the second year of the administra­ by Moscow was against Ukraine. With­ creases in support for education of the tion's initiative. Rather than an $800 out this colony and its exploited re­ handicapped and bilingual education. million increase, the administration's sources, Moscow today would be no In my view, reducing the Federal com­ fiscal year 1980 budget proposes a $250 match for us or some other industrial­ mitment to education is a shortsighted million decrease in student aid. ized nations of the West. The base of approach to fighting inflation. Investing The Middle Income Student Assist­ its power for imperialist adventurism in in the human capital of America's citi­ ance Act liberalized the eligibility of in­ Asia, the Mideast, Africa, and Latin zens is the most cost-effective way to in­ dependent students to receive basic ed­ America was forged 60 years ago in its crease our national productivity and our ucational opportunity grants. The fiscal armed conquest of Ukraine and other ability to compete as a nation in the in­ year 1979 Labor-HEW appropriations bill non-Russian nations which fought for ternational marketplace. Vocational contained legislative language deferring their independence from an empire. No training, language skills for those of the funding for this liberalization for one knows this better than the totali­ limited English-speaking ability, assist­ 1 year. HEW officials promised that tarian elite in the Kremlin today. ance to the handicapped to enable them basic grant funds available to be car­ One of our conspicuous defects in pol­ to become productive citizens and open­ ried over from fiscal year 1978 (and thus icy toward the U.S.S.R. since World War ing access to postsecondary education for not subject to the limitation contained II has been our inability to focus on those who would not otherwise afford it in the fiscal year 1979 appropriation bill) Ukraine and the other captive non­ will produce far more economic benefits would be used to fund the independent Russian nations in this primary empire to the Nation than the temporary sav­ student changes. The fiscal year 1980 called the Soviet Union. After all, over ings achieved by reducing our commit­ budget recommendation proposes re­ half of the U.S.S.R. population is non­ ment to these programs. neging on this commitment, ustng the Russian and detests the presence of So­ This budget recommendation also excess fiscal year 1978 funds in 1980 viet Russian domination. Numerous ave­ breaks a long series of commitments by rather than 1979 and consequently not nues for such concentration have been the administration: implementing the independent student proposed over the years, without incit­ On November 1, 1978, the President changes in the 1979-80 school year. ing a war or precipitating an interna­ signed into law the Middle Income Stu­ I hope that the spirit of cooperation tional crisis. Imaginative thinking has dent Assistance Act expressing his high that prevailed during most of the 95th been lacking in this respect largely be­ praise and no reservations. The Presi­ Congress on education issues can be re­ cause of both a sensitive lack of knowl­ dent's budget proposes only $340 mil­ born. Supporting and reshaping the vital edgeability of the subject and a conse­ lion for the supplemental educational education programs, which will deter­ quent fear of meeting it. Just reflect, if­ opportunity grant program contrary to mine our Nation's future, must be done and this is possible-we were drawn into a provision in the Middle Income Stu­ through a constructive partnership be­ a war with Moscow, the 1,000-percent dent Assistance Act which requires that tween the Congress and the administra­ guarantee is that Ukraine and the other $370 million be provided for this pro­ tion. non-Russian nations in the U.S.S.R. gram in fiscal year 1980. would be our No. 1 priority for alliance On November 1, 1978, the President also signed into law the Education SIXTY-FIRST ANNIVERSARY OF and victory. Commonsense would dic­ Amendments of 1978 reauthorizing the UKRAINE'S INDEPENDENCE tate that we build the relationship now Elementary and Secondary Education to prevent a war and to work assiduously The SPEAKER. Under a previous for freedom and our own security. Act. One of the centerpieces of this act order of the House, the gentleman from was a new program of special incentive Pennsylvania (Mr. FLOOD) is recognized This, Mr. Speaker, is in part the real grants to those States having compen­ message of this 61st anniversary of for 60 minutes. Ukraine's independence. Its additional satory education programs. These spe­ • Mr. FLOOD. Mr. Speaker, 61 years cial incentive grants were an administra­ ago Ukraine, the largest non-Russian import is conveyed by elaborations tion proposal, but the fiscal year 1980 country in Eastern Europe, declared its which I commend to the scrutiny of my budget recommendation contains no independence from the Russian Empire. colleagues: First, a letter we all received funds for this program. On January 22, 1918, a new democratic from Dr. Lev E. Dobriansky of George­ The Education Amendments of 1978 republic was established in a tradition town University and president of the also contained changes in the program set by our Founding Fathers when they Ukrainian Congress Committee of of assistance to schools in federally af­ divorced themselves from an empire. America, second, an address at the Third fected areas (impact aid) . These changes Though the Ukrainian nation enjoyed World Ukrainian Congress, and, third, were the result of arduous negotiations independence before it was subjugated an invitational letter and press release with the administration. The President under the Russian Czars, unfortunate by UCCA on the occasion: signed the bill and praised the savings circumstances and the power of Trotsky's UKRAINIAN CONGRESS COMMITTEE achieved by these provisions. The fiscal Soviet Russian Army subjected this val­ OF AMERICA, INC., year 1980 budget recommendation pro­ January 15, 1979. iant people to further enslavement under The kangaroo trials of dissidents in the poses violating these recently enacted Soviet Russian imperialism. In the 1918- USSR last summer shocked countless of our provisions. 23 period our Western World was virtu­ fellow Americans, and many eyes were Following a controversy over the level ally deaf to the pleas for help on the opened to the barbarities of Soviet Russian of funding for the national direct stu­ part of the diplomatic representatives "justice." However, one salient side of these dent loan program in the consideration of the Ukrainian National Republic. and preceding trials was not adequately of the fiscal year 1978 budget, adminis­ grasped by some of us, though many Mem­ tration spokesmen promised that reduc­ The glaring fact, Mr. Speaker, is that bers of Congress did see it and spoke out on tions in the program would not be pro­ Ukraine was one of the first victims of it extensively. And that ls, beyond Scharan­ posed until the status of the campus­ Soviet Russian imperio-colonialism. sky and Glnzburg, the more severe sentences based revolving funds and the access of Ironically enough, what too many of our meted out to the national non-Russian dis­ analysts and opinionmakers did not sidents in the USSR, like the Lithuanian low-income students to loans had been Petkus, the Ukrainian Lukianenko and thoroughly assessed and a report made comprehend is that the origin of what they call "the Soviet threat" to our na­ others in Georgia and elsewhere. Why? to the Congress. This commitment was The 6Ist Anniversary of Ukraine's Inde­ kept with respect to the fiscal year 1979 tional security today was this first con­ pendence this January 22 provides us with budget. However, the fiscal year 1980 quest of Ukraine and other non-Russian an excellent occasion to explore the "why" budget recommends a major reduction nations less than 60 years ago by Moscow. of this sordid situation. The answer rests, in the program without any such report Sixty years or so are only a flick in his­ of course, in Soviet Russian domination over having been made available to the Con­ torical time, and yet in this historical Ukraine and the other captive non-Russian gress. instant Moscow's Empire has expanded nations in the USSR, as well as in Moscow's so rapidly that many analysts are just fear that the natural drives which led to During the formulation of the admin­ Ukraine's Independence on January 22, 1918, istration's middle-income student assist­ awakening to the force of Soviet Russian may crystalli21e to threaten the present ance initiative in late 1977 and early imperialism. Soviet Russian empire. 1978, administration spokesmen prom­ Let me emphasize, the importance of I warmly invite you to join with us in ised that they would propose an addi­ this annual observance lies in the fact this commemoration and let the 50 million tional $800 million in student aid funds that the first international war waged captive Ukrainians know that they are not 982 CONGRESSIONAL RECORD-HOUSE January 24, 1979 forgotten by us who enjoy the fruits of free­ movement to seek the resurrection of the its importance has been underscored ever dom. Last month the President defined his Ukrainian Orthodox and Catholic Churches since by several objective moves and human rights advocacy as "the soul" of our in Ukraine. How can one talk about human developments. foreign policy, but nowhere in his speech rights and ignore these most outstanding Despite the loss of genuine independence, will you find any reference to national cases of Stalinist religious genocide? We shall the Ukrainian people have never lost their rights. the broadcast category of human penetrate this stony silence in the Free World hope and desire for regaining their freedom rights. Ukrainians and other captive nations by pressing for U.S. Congressional leadership and national statehood. Commumst Russia, are interested not only in personal and civil to arouse even world religious bodies on this even though it had conquered Ukraine, did rights but also, indeed more so, in national blatant violation of human religious rights. not dare to destroy the framework of rights. The President's calculated omission The provid;:mtial meaning of a newly­ Ukrainian statehood: it established the here equals that of any public men­ elected Pope from a Moscow-dominated "Ukrainian Soviet Socialist Republic," a tion of human rights before the sudden country, the formation recently of the orga­ nominally sovereign republic and a constit­ recognition of Peiping at the expense of a nization Freedom of Faith-A Christian uent member of the "Union of Soviet So­ trusted and firm ally in the cause of free­ Community for Religious Rights and many cialist Republics" (USSR) . Its importance is dom. In addition to your support of these other events are providing a bright climate obliquely reflected in the fact that in 1945 national rights, we earnestly hope you will of opportunity for the success of this task. Ukraine became a charter member of the support also the resolution calling for the But to take advantage of this new climate; United Nations. The U.S. Congress also rec­ resurrection of the Ukrainian Orthodox and again, together we must move. ognized the importance of Ukraine by listing Catholic Churches in Ukraine-the two most The fourth guideline proposed is organiza­ Ukraine, along with 21 other countries, in outstanding cases of Stalin religious geno­ tional action with other world congresses the "Captive Nations Week Resolution" of cide. which have in common the plight of the cap­ July 17, 1959 (Public Law 86-90), as a captive Your support on this "6lst" will be greatly tive nations. What this calls for ls contact country aspiring to freedom and independ­ appreciated. In the House the bipartisan and projects for mutual and thus stronger ence. efforts of Representatives Daniel J . Flood and action. The Lithuanians, Latvians, Estonians, The vitality of the Ukrainian liberation Edward J. Derwinskl wm lead the commem­ Slovaks and others have their world con­ movement is attested to by the mass arrests oration on Wednesday, January 24. In the gresses. Initiative along this line can produce and trials of Ukrainian intellectuals in Senate, as always, we look forward to strong multiple dividends. Cooperative action, for Ukraine during the past several years and by statements per the procedures of the body. example, focused on non-Russian athletes in the fact, confirmed by a number of world With much gratitude and best wishes for the USSR teams during the '80 Olympics in Sovietologists, that the majority of political your leadership. Moscow ls just one of many imaginative prisoners in the USSR consists of Ukrainians Sincerely, tasks for coordinated action. But this, too, We sincerely hope that on the 61st anni­ LEVE. DOBRIANSKY, demands that together we must move. versary of Ukrainian Independence you will Georgetown University. Finally, the Captive Nations Week move­ see flt to comment on the importance of ment, not only in the United States but also Ukraine in your distinguished publication. A TOGETHER WE MUST MOVE in other areas of the world, sets the fifth brief historical sketch is enclosed. Fellow Ukrainians, near and from far guideline for this Congress. As many of you Sincerely yours, away, I most warmly greet you on behalf know, this movement has concerned Mos­ LEVE. DOBRIANSKY, of the Ukrainian Congress Committee of cow-from Khrushchev down to Brezhnev President. America. Once again, as it was 11 years ago, and his spokesman Arbatov-mor._ than any we are proud to host this Third World other in these past 20 years. We have even UKRAINIAN CONGRESS COMMITTEE Ukrainian Congress and are certain that had a running battle with our own Presidents OF AMERICA, INC., with your full cooperation and participa­ in this country. No wonder. Let me remind January 2, 1979. tion it, too, will be a glorious success. For you, each and everyone, that nowhere in the On January 22, 1979, Ukrainians in the what lies ahead, both globally and regionally, legal statutes or sovereign governments in the United States-some 2 million strong-will it is imperative that together we must move. Free World can you find a law calling for the observe the 61st anniversary of the proclama­ From the strategic vantage point of our independence and freedom of Ukraine, as tion of the independence of Ukraine, their own country, these United States of America, well as other captive nations, other than in country of origin. let me just cite five necessary guidelines for Public Law 86-90 of our own Government. This act of self-determination and expres­ this Congress and its operating agencies be­ Think about this striking fact. If the free sion of the will of the Ukrainian people in a yond. These guidelines constitute a part of Chinese, voicing the freedom cries of the larg­ democratic way will also be commemorated the current policy and programmatic action est nation in Asia, can superbly observe and by Ukrainians and their descendants in some of UCCA and, hopefully, in the spirit of advance the annual Captive Nations Week, 20 other countries of the free world. Ukrainian togetherness you will seriously why can't free Ukrainians, voicing the free­ The date of January 22nd is one of the consider them for support and implementa­ dom cries of the largest non-Russian nation most important dates in the modern history tion in your respective countries: in Eastern Europe, assume similar leadership of Ukraine: that of the rebirth of the mod­ First, on the ideological plane, the theme in all the countries represented here? Next ern Ukrainian state. of human rights-all three generic cate­ year will be the 20th anniversary of Captive With the fall of the Russian and Austro­ gories: personal, civil and national-is an Nations Week. This will be another oppor­ Hungarian empires, both of which con trolled old one for us, but it is permanently dear tunity for all represented here to assume this Ukrainian territory at the time, the Ukrain­ to our hearts. We have strongly supported leadership. And, believe me, on this, together ians, who for over two centuries had been President Carter's policy of human rights, we must move. resisting foreign domination of their coun­ try, took a decisive step, culminating in the but with equal intensity we have urged its In realizing these guidelines for thought definitional fulfillment and application in proclamation of full-fledged independence. and action, rest assured the UCCA will do The Ukrainian Revolution at once took an the broadest category of these rights. its maximum part. We earnestly hope that Specifically the category of national rights, essentially national character. A Central through this Third Congress, together, we Council (Rada) was established in Kiev and which means national independence and shall do our respective parts for the trend freedom, especially for the largest non­ became the center of the Ukrainian liberation of events points in only one direction-to­ movement. It organized the Ukrainian na­ Russian nation in Eastern Europe and all gether we must move for the liberation of other captive nations in that last remaining, tional army, established Ukrainian schools, Ukraine and all of the captive nations. Slavaa introduced Ukrainian administrative and major empire called the USSR. This direc­ Ukraini! tion was not sufficiently pursued in Belgrade. judicial systems, and convoked a Ukrainian Looking to Madrid in 1980, on this, both UKRAINIAN CONGRESS COMMITTEE Constituent Assembly. On January 22, 1918, philosophically and activistically together we OF AMERICA, INC., the full independence of Ukraine was pro­ must move. January 1979. claimed, which was at once recognized by The second guideline for WCFU is a more DEAR SIR (MADAM): On January 22nd this the newly-established Bolshevik regime in intensified concentration on the United Na­ year, Ukrainians in the United States and Petrograd, by the Central Powers and, de tions. When in that body a committee praises in all other countries of the free world will facto, by France and Great Britain. For al­ this empire/ state for "progress in human commemorate the 61st anniversary of most three years the Ukrainian National Re­ rights," such travesty of truth, has reached Ukrainian Independence. On January 22, public waged a defensive war on two fronts. the pinnacle of political prostitution. One of 1918, in Kiev, the capital of Ukraine, But by the fall of 1920 Ukraine was con­ the most flagrant ironies of our day is to Ukrainians proclaimed their independence quered by the Russian Communist forces. witness representatives of former colonies of from all foreign powers and established the Today Ukraine is a colony of Communist Western empires cavort with and support Ukrainian National Republic, as a true demo­ Russia, despite its membership in the U.N. Soviet Russian agents of this last remaining. cratic state of the Ukrainian nation, created and its nominally independent status within major empire to the detriment of over half by the Ukrainian people through their poli t­ the USSR. of the USSR population residing in the non­ ical, social and cultural-economic organiza­ Ukraine embraces 232,000 square miles, Russlan colonies of imperialist Moscow. tions which swiftly came into being after the making it the largest country in Europe; There's much work to be done here and, on fall of Russian Czardom in March 1917. in population it ranks fifth, and its natural this, together we must move. Although the independent Ukrainian state resources make Ukraine one of the richest Third, a vitally important guideline is the lasted only three years-from 1918 to 1920- European countries. Its capital, Kiev, was January 24, 1979 CONGRESSIONAL RECORD-HOUSE 983 the center of East European trade and cul­ of once more regaining the freedom Russian government in Petrograd, by the ture long before Moscow ever existed. Yet which they knew only briefly. Their con­ Central Powers-Germany, Austria-Hungary, despite its size and wealth, Ukraine is little stant efforts are proof of the inability Turkey and Bulgaria-which also concluded known-to most people it is "just a part of the Kremlin rulers to break the noble a peace treaty with Ukraine on February of Russia." This gross misconception stems 9, 1918 in Brest-Litovsk. Recognition de facto greatly from the common practice of using Ukrainian nationalistic spirit. The te­ was also extended to Ukraine by France and the terms "Russia" and "Soviet Union" nacity of their dissident nationalist Great Britain, the principle enemies of the synonymously. This is incorrect because movement has never died, and on this Central Powers. Russia is only one of the 15 constituent re­ occasion we all honor and salute it. Yet, despite this international recognition, publics of the USSR. However, for all prac­ Despite the extreme pressure tactics em­ Ukraine could not sustain itself as an inde­ tical purposes, Russia rules Ukraine, and ployed by the Soviet Union on the pendent state. The Bolshevik government every other republic of the USSR, as a co­ broke its pledge by sending Communist lonian dependency. Ukrainian people, dissenters continue to speak out against the cruel Soviet troops against Ukraine; the Central Powers At the present time, Ukraine is suffering capitulated in November, 1918, and could not political and cultural repression, economic tyranny, and the determination of its help Ukraine, even though initially they pro­ exploitation and all-encompassing Russifica­ people to retain their culture and intel­ vided troops to help the Ukrainian National tion. lectual freedom still grows. Republic expel the Bolsheviks from Ukraine. Millions of Ukrainians perished from At a time when a strong commitment Even though the Ukrainian people lost starvation is the man-made famine in 1932- for the ideals of human rights and indi­ their genuine independence, they have never 1933; other millions were dispersed into the vidual freedoms has heightened signifi­ lost their hope and desire for regaining their reaches of Central Asia and into slave labor freedom and national statehood. For this camps in Siberia and the Arctic. Both the cantly in the Congress, the executive branch, and the country as a whole, we determination they paid heavily-millions of Ukrainian Orthodox and Ukrainian Catho­ them were st arved to death in the man-made lic Churches were out-lawed and "liqui­ must reassure the people of the Ukraine famine in 1932-1933 in Ukraine; other mil­ dated." Ukrainian intellectuals, for voicing and others under Communist rule of our lions were dispersed in the vastness of Cen­ their opposition to repressive policies of the deep commitment to champion the tral Asia and in countless slave labor camps Kremlin, are arrest ed, secretly tried and rights of national, individual, cultural, in Siberia and the Arctic. sentenced to severe terms in prisons, con­ and religious freedoms for all peoples Despite all this, the Ukrainian people con­ centration camps and insane asylums. held captive by Communist oppressive tinue to struggle for their freedom, as they While most of the former colonial peo­ demonstrated during World War II by orga­ ples of Africa and Asia have been given policies. One of the truly dramatic and encour­ nizing the Ukrainian Insurgent Army (UPA), the opportunity to establish their own na­ which fought both the Nazis and Soviet tional states, Communist Russia denies this aging factors in the ongoing struggle be­ forces at the same time, alone and unaided. right to the 50-million Ukrainian nation and tween freedom and tyranny is the con­ The critical imoortance of Ukraine has to 70 million other non-Russian peoples in tinuing growth of the nationalistic spirit also been reflected, though in an oblique the USSR. among the non-Russian peoples within way, by the Kremlin which dared not to In conclusion, we may ask: How long the U.S.S.R. This is especially signifi­ destroy the framework of Ukrainian state­ will the totalitarian Soviet Russian regime cant when we keep in mind the fact that hood, but imposed its own creation, the continue to befuddle the Western world by "Ukrainian Soviet Socialist Republic," which parroting about its "most humane system," the Ukrainians are the largest group of non-Russian peoples within the Soviet along with the U.S.S.R., became a charter while denying fundamental freedoms and member of the United Nations in 1945. independence to some 120 million non-Rus­ Union. The Communist dictatorship in Today, hundred and thousands of finest sian peoples in the USSR? the Kremlin has failed in their efforts to Ukrainian men and women are languishing The plight of the Ukrainians should not eradicate the nationalism of the Ukrain­ in Soviet concentration camps and prisons go unheeded by the Western world, if the ian people. for resisting the oppressive Soviet Russian West itself wishes to survive, with all its domination of Ukraine, and for propagating values and democratic freedoms.e On this day, we must not forget the struggle of the oppressed nations held the genuine freedom and independence of e Mr. DERWINSKI. Mr. Speaker, an captive by Soviet rule, and continue to Ukraine. annual commemoration for us to under­ offer hope and support in their aspira­ For many years the Ukrainian American is community has been observing the anni­ take here in the House the special ob­ tions for freedom and selfdetermination. versary date of Ukraine's Independence, as a servance of the anniversary of the decla­ Mr. Speaker, in conclusion to my re­ great historical date of modern Ukrainian ration of Ukrainian independence. To marks, I wish to insert the following history. this day, the 22d of January symbolizes articles and editorials. The first two This January, in observing the 61st an­ for the Ukrainian people the date on commentaries appeared in the January niversary of Ukraine's Independence, let us which human dignity, national freedom, 18 edition of the America, a Ukrain­ be articulate and effective. Let us tell our and self-determination were gained. fellow American citizens, the American press, ian newspaper published in Philadelphia, TV and radio stations-and above-let us This year will mark the 6lst anniver­ and the concluding articles pertaining to sary of this declaration of Ukrainian tell American Senators and Congressmen­ Ukrainian Independence Day celebra­ that the plight of Ukraine is and should be freedom and national independence. tions, were printed in the January 21 their concern as well. For the liberation of When the czarist regime of Russia top­ Ukrainian Weekly: Ukraine and other non-Russian nations in pled in 1917, the Ukraine was able to iFrom the America, Jan. 18, 1979] the U.S.S.R. would neutralize the Soviet Rus­ break away and declare their freedom as sian pressure and be a blessing for the world a nation. On January 22, 1918, the JANUARY 22 at large. proclamation of independence of the Every year on January 22 the Ukrainian Ukrainian National Republic was issued community in the United States and in all [From the America, Jan. 18, 1979] in the city of Kiev, which became the other countries of the free world commemo­ UKRAINIAN HELSINKI GROUP CITES SOVIET capital city of the Ukraine. rates the anniversary of the proclamation RUSSIA TERRORISM IN UKRAINE However, after 2 years of this nation's of Ukraine's independence. UCIS. The second issue of the Ukrainian existence, Russian control was once Each nation has its specific national holi­ underground publication, the Information again restored by the forced incorpora­ day which marks some important event in Bulletin, dated March-June 1978, reached the that nation's history. Free World. The original publication consists tion of the Ukraine into the Soviet So­ On January 22, 1918 the Ukrainians pro­ of 74 typewritten pages in Ukrainian. It was cialist Republic. claimed the full and unqualified independ­ published by the Ukrainian Public Group to The Ukraine is the largest of the non­ ence of Ukraine after several months of revo­ Promote the Implementation of the Helsinki Russian nationality groups within the lutionary upheavals in Ukraine. This was Accords. U.S.S.R. The Ukraine is also one of the brought about after several months of fe­ The Information Bulletin provides a great richest in resources of the captive na­ verish activities by various Ukrainian organ­ deal of information on numerous excesses by tions, possessing tremendous agricultural izations, societies and political parties, espe­ the Soviet Russian authorities in Ukraine, and industrial assets. Not only rich in cially after long, protracted and futile nego­ terrorism, suppression of human rights, per­ natural resources, the country's people tiations with the Russian Provisional Gov­ secution of the Ukrainian language and cul­ have a strong culture, a distinct lan­ ernment, under Alexander F. Kerensky, ture. which tried to preserve the old Russian Czar­ FREEDOM TO LEVKO L UKIANENKO guage, literature, traditions, and an in­ ist empire, despite i.ts lip service to the prin­ UCIS. This appeal of the Ukrainian Pub­ domitable human spirit. ciples of national self-determination and de­ lic Group to Promote the Implementation of During the six decades since the time mocracy. the Helsinki Accords on behalf of Levko of the Russian Communist takeover, the The independence of Ukraine was prompt­ Lukianenko presents the tragic and moving Ukrainian people have not given up hope ly recognized by the newly established Soviet picture of his life. In particular, it records 984 CONGRESSIONAL RECORD- HOUSE January 24, 1979 the rejection of Marxism by Lukianenko and Vashchenko, who turned out to be an in­ a.try is being used to that end.) They are his embracing faith in God. The appeal con­ former. On January 20, 1961, all members of terrorizing by interrogating L. Lukianenko's cludes wit h the request to the "international the group were arrested and were later tried wife, who all her life has been his unbend­ public, lawyers and those who believe in God at an in-camera court, held in the building ing and devoted friend. to come forward in defense of Levko Lukia­ of the KGB in Lviv. L. Lukianenko was sen­ The tragic and noble life of Lukianenko nenko". tenced to death for what was essentially must become the focus of general attention. Levko Lukianenko has been sentenced re­ t heoretical treatise, for the idea of building The Ukrainian Public, Group "Helsinki" cently, to ten years of forced labor and five .::locialism with a human face, pre-dating turns with an appeal to the international years of exile for "anti-Soviet propaganda similar attempts by A. Dubcek in the Czecho­ public, lawyers and those who believe in God and agitation". The trial was held in Horod­ Slovak SR, and also the con temporary ideas to come forward in defense of Levko Lukian­ nia, near Chernyhiv (Ukraine). of Eurocommunism. enko even now, without waiting for the sen­ On December 1, 1977, Levko Lukianenko, The revenge was terrifying: 67 days in tence 15 years' forced labor anew. That evil the member founder of the Ukrainian Public chains on death row. The Supreme Court against which Levko Lukianenko is rising so Group (to Promote the Implementation of amended the death penalty to 15 years of bravely, with no thought for himself, may the Helsinki Accords), the outstanding lead­ strict regime camps. The mills grinding down reach anyone, if its path is not blocked. er of the movement to defend the law• , the the spiritual backbone of man turned out to publicist and lawyer, was arrested. He is 50 be more horrible still. He was imprisoned at [From the Ukrainian Weekly, Jan. 21 , 1979] years old. This is his second arrest. the Vladimir prison for four and a half years INDEPENDENCE DAY CELEBRATIONS and in the KGB prison in Kiev, Lviv and Released on January 21, 1976, after 15 BISHOP LOSTEN CALLS FOR SPECIAL PRAYERS years of imprisonment, Lukianenko remained Chernyhiv for almost two years. He was sub­ MARKING JANUARY 22 DATES free for less than two years, under strict su­ jected to a psychiatric examination in a spe­ pervision of the militia and the KGB. cial hospital at Rybinsk and was held in STAMFORD, CONN.-Bishop Basil Losten, Let us look at the course of his life. In the psychiatric camp prison (PKT). He was head of the Stamford Ukrainian Catholic 1944, during the World War II, when Levko tormented by heavy labor and hunger. Eparchy, issued a call to the clergy in the Lukianenko was 16 years old, he was drafted Several times they proposed to him that diocese to hold special services and prayers to the Soviet army, in which he served for 8 he write declarations of repentance. on January 22, the 60th anniversary of the years. He studied at the same time and com­ In the camps, after much contemplation, Act of Union and the 61st anniversary of pleted secondary studies with distinction. having experienced the effects of Socialist Ukrainian statehood. He joined the Communist Party of the Soviet legaJiJty in his own case, L. Lukianenko re­ "I ask you, very reverend fathers and dear Union while serving in the army. After de­ jected Marxist theory, as having no basis faithful, first of all, to pray for a better mobilization in 1953, he became a student and being inhuman. His belief in higher jus­ future for our nation, to request blessings at the law faculty of the University of Mos­ tice led him to God. He became a deeply from heaven and for the spirit of good will, cow, from which he graduated in 1958. religious man. defending the principles of unity and intelligence in this, our holy He worked as a legal consultant in the or­ democracy and rights of man from Christian struggle for freedom of our Church and peo­ ganizational department of the Vinnytsya positions. ple," said Bishop Losten in his statement. provincial Executive Committee, and after­ Thus it was not an accident that living Saying that the "fate of our brothers and wards in the Hlynianskyi county of the Lviv under constant strict supervision, L. Lukia­ sisters in Ukraine must never be foreign to provi· ce at the County Committee (raikom). nenko found himself among the founders of us," Bishop Losten wrote: "In marking the There he met the lawyer Ivan Kandyba and the Ukrainian Group; in fact, he became the anniversaries of independence and unity of other lawyers and employees of the party soul of this group. Ukraine, we in the free world must make all and governmental institutions; together they In his own name and in the name of the efforts possible to hasten the day when our discussed various social problems. There group he comes to the defense of his un­ people will become free and independent were a great many such problems after the fortunate companions languishing in the again." terrible, ruinous war. The consequences of camps and prisons merely for their convic­ Bishop Losten also requested the Ukrainian the war had been felt especially in Ukraine tions. Catholic clergy to participate in state and which had been in the first line of attack He wrote an article in defense of the artist municipal observances of Ukrainian inde­ by t he Fascists and by Stalinist terror. Petro Ruban, entitled "Stop the Miscarriage pendence, and he made a special appeal to L. Lukianenko observed the social system of Justice" and sent it to the editorial board youth "not only to participate in the observ­ of the European states; he compared the life of the Ukrainian journal "Folk Art and ances, but to study the history of Ukraine of the nations of Europe with the life of the Ethnography"; he came to the defense of the and the Ukrainian language, so that they can nations of the USSR, and of Ukraine in par­ Bandera supporter Bohdan Chuiko (who was become conscious ambassadors of the Ukrain­ ticular. Lukianenko had gained knowledge being defended by the Kievan lawyer Mar­ ian cause when the time arises." at university in the areas of law, political chenko, as a member of the collegium of economy and systems of government of vari­ lawyers). He defended an agricultural spe­ MAPLEWOOD MAYOR SIGNS INDEPENDENCE DAY ous societies. Access to the holdings of uni­ cialist, the teacher Kuzma Matviuk, who was PROCLAMATION versity of libraries give him a chance to be­ being oppressed, insulted and persecuted MAPLEWOOD, N.J.-"Ya Ye Ukrayinets," come acquainted with the platforms of the even after the completion of his sentence, said Mayor Robert H. Grasmere of Maple­ prerevolutionary parties of Russia and and others. wood as he greeted a large delegation of Ukraine (which had a colonial state within Fearlessly he corresponded with the op­ Ukrainians at the regular Maplewood Town­ the Russian Empire) . pressed and the persecuted people who had ship Committee meeting at Town Hall on Thus, there arose the idea of the re-organi­ become like family to him through the Tuesday, January 16, at 9 p.m. He was en­ zation of the socio-political system of the torments suffered together. And so, after 15 thusiastically acknowledged with loud ap­ Ukrainian SSR, which developed into a draft years of suffering, the KGB arrested Lukian­ plause that set the mood for the evening. program of a party "Workers' and Peasants' enko again. Mayor Grasmere stated that he looks for­ Union." The tenet of the draft program is Seven months have passed since the time ward each year to this commemorative oc­ socialism with state ownership of the means of the arrest by now. He is isolated from his casion because he has observed for many of production; however, private enterprise family an'.l the people close to him; his fate years with deep affection the boundless en­ was to be permissible in small manufac­ is unknown. Interrogations and searches in ergy and vitality of the Ukrainian people in turing, trade and service industry. The draft the case of Lukianenko are being conducted Maplewood in the preservation of their her­ also foresaw a radical restructuring of the literally all over the Soviet Union, in the itage. He then remarked that he was fully agrarian economy with a truly voluntary Magadan oblast, in the Khabarosk region, cognizant that Ukraine continues to suffer cooperative system. State power was to be in the Krasnodar region, in the Komi ASSR, political and cultural repression, economic founded on democratic principles and free in Ukhta and also in the cities and oblasts exploitation and all-encompassing Russifi­ elections. The state language of Ukraine was of Ukraine. The young and the old are be­ cation. All Ukrainian Catholic and Ukrain­ to be Ukrainian. The matter of Ukraine's ing intimidated by searches and interroga­ ian Orthodox Churches have been outlawed leaving the Union of Soviet Socialist Repub­ and liquidated; Ukrainian intellectuals are lics was to be decided by means of a ref­ tions. Neither the family nor friends know to this arrested, secretly tried and sentenced to se­ erendum. vere terms in prisons and concentration This draft project was discussed in Novem­ time* whether Lukianenko had been pre­ sented the accusation yet, or what he is camps for voicing their opposition to re­ ber 1960 in Lviv (at 17 Dekabrists' Street) pressive policies against national, religious by seven like-minded individuals. Present accused of. It has become known that the and cultural freedoms, he said. He com­ was also a student of the Higher Party School, investigation attempts to cast doubt on the mental state of L. Lukianenko (prison psych!- mended all Ukrainians for continuing their struggle for a free Ukraine. • UCIS. The Ukrainian term "pravozakhys­ • / UCIS/Access to such materials as indi­ At that point, Mayor Grasmere signed the nyi", used here, does not lend itself easily to cated in the appeal ls ordinarily severely re­ proclamation designating January 22nd as +,ranslation. It implies the defence of human, stricted in the Soviet Union. Ukrainian Independence Day in honor of civll and national rights, with a special rela­ / UCIS/ Levko Lukianenko has been sen­ Ukraine's independence anniversary and tion to the Helsinki Accords and the legal tenced recently to ten years of forced labor read the following: rights and guarantees proclaimed in Soviet and five years of exile for "anti-:Soviet propa­ "Whereas, on January 22, 1979, Americans constitutional documents. ganda and agitation." of Ukrainian descent in Maplewood and January 24, 1979 CONGRESSIONAL RECORD-HOUSE 985 throughout the free world, will observe the the independence of all nations enslaved The plight of nations like the Ukraine, 6lst anniversary of the proclamation of in­ by Russian Communist imperialism. which are non-Russian yet nevertheless dependence of Ukraine, which took place on On Saturday, January 27, at 7 p.m., a com­ are Soviet controlled, does not often re­ January 22, 1918, from St. Sophia Square, in memorative banquet will be held at the Kiev, the ancient capital of Ukraine; and Golden Ballroom of the Statler-Hilton Hotel. ceive a great deal of attention in the "Whereas, this nation, dedicated to belief The keynote address will be delivered by public outcry for human rights. For ex­ in God and desirous of living in peace and Dr. Lev Dobriansky of Georgetown Univer­ ample, last summer, although they re­ harmony with neighboring peoples, had suc­ sity, president of the UCCA, chairman of the ceived less publicity, Lithuanian Victors ceeded, prior to this date, in organizing their National Captive Nations Committee, direc­ Pektus and Ukrainian Lev Lukyanenko own independent government and a demo­ tor of the Institute for Comparative Political were among those who were unjustly cratic parliament, the Ukrainian Central and Economic Systems at Georgetown Uni­ tried and harshly sentenced by Soviet Rada, which was the political expression of versity. and president of the American Coun - all Ukrainian political parties, social and cil for World Freedom. authorities. These men and so many cultural organizations; and Also performing during the program will other brave individuals like them have "Whereas, after a defensive war lasting be the following: the "Burlaky" Ukrainian been persecuted simply because they seek four years, the Ukrainian state was de­ choir directed by Prof. Jurij Lawriwsky; the what we could call "national rights," or stroyed in 1920 by superior numerical forces Ukrainian girl's quartet directed by Chris­ the right to live as independent and free of Communist Russia and a puppet regime of tina Moroz; piano soloist David Bilous; bal­ countrymen. the Ukrainian Soviet Socialist Republic was lerina Laryssa Sharvan: the Ukrainian stu­ This is an area of human rights that installed and 40 million Ukrainian people dents' folk dance group, Zina Dmytrijuk, we in the Congress must not neglect. We lost their national independence; and choreographer, and the Ukrainian orchestra "Whereas, despite this loss, the people of. directed by Michael Teluk. must speak out and support the cause of Ukraine have withstood successive liquida­ Introductory remarks will be made by national rights for people like those in tions by their Communist overlords; millions Wasyl Sharvan, president, UCCA Buffalo the Ukraine who courageously seek to re­ of Ukrainians were systematically starved to chapter. Master of ceremonies will be Dr. capture their independence and, in turn, death in Russian-planned famines of 1932 Bohdan Harasvm. their own human rights. We cannot for­ and 1933; millions more were deported to get those who strive to reestablish their Russian slave labor camps in Siberia; the • Mr. FISH. Mr. Speaker, today marks Ukninian Catholic and Orthodox Churches the 61st anniversary of Ukrainian inde­ independent homeland and their basic were physically annihilated by Moscow and pendence. It is one of great significance freedoms of expressions and religion as its religious leaders imprisoned and worked to freedom-loving people everywhere, those rights existed prior to the forceful to death in Siberian camps and mines; its and especially Ukrainians living under takeover by the Soviet Union. We must educational system has been stripped of the Soviet domination and oppression. This continue with renewed efforts to support Ukrainian language; and this noble cause. "Whereas, the people of Ukraine live in day also we in the United States can push for strict adherence to the human As we commemorate the 6lst anniver­ the hope that their nation can be liberated sary of Ukrainian independence, I hope from its Communistic oppression and right­ rights provisions of the Helsinki agree­ fully restored to them; and ments. that all of my colleagues, old and new, "Whereas, it is well known universally that will join with the brave men and women We are all familiar with the events of the Ukraine, and with all Ukrainian the resistance of these brave Ukrainian peo­ that led to the fall of the Ukrainian Re­ ple against Communist totalitarianism has Americans in their fight for national and never waned; and public in 1920, when the Red Army led human rights in the Ukraine. "Whereas, the United States Congress and by Trotsky finally defeated the gallant I also want to bring to my colleagues' the President of the United States of America defenders of the republic. The Russian attention the following letter which I have recognized the legitimate right of the tactics of subversion and blatant aggres­ received from Dr. Anthony Zukowsky, Ukrainian people to freedom and national sion became the tools for Soviet domina­ president of the Ukrainian Congress independence by respectively enacting and tion of Eastern Europe. Today, we see signing the Captive Nations Week Resolution Committee of America, Metropolitan the same approach being used by the Detroit Branch. Dr. Zukowsky further in July, 1959, which enumerated Ukraine as Soviet Union to gain control over other on" of the captive nations enslaved and dom­ emphasizes the need for Congress to sup­ inated by Communist Russia; and parts of the world; namely, Africa, the port the struggle for freedom and in­ "Whereas, in order that encouragement Middle East, and Asia. dependence for Ukraine. The letter shall be given to these courageous people Mr. Speaker, the Congress and the follows-: by all Americans, and that Ukrainians and President of the United States are keen­ UKRAINIAN CONGRESS Americans of Ukrainian descent be afforded ly aware of the importance of human COMMITTEE OF AMERICA, the opportunity of formally commemorating rights in the Ukraine and all parts of the Warren, Mich., January 17, 1979. the significance of this memorable day. world. In the past few years, the Con­ Re January 22, Ukrainian Independence Day. "Now, therefore, I, Robert H. Grasmere, gress has taken the initiative by enact­ Hon. JAMES J . BLANCHARD, mayor of the Township of Maplewood, do U.S. Congressman, Cannon House Office urge our citizens to demonstrate their sym­ ing legislation designed to promote So­ Building, Washington, D .C. pathy with and understanding of the aspira­ viet compliance with the Helsinki hu­ DEAR CONGRESSMAN: As the 96th U.S. Con­ tions of the Ukrainian people, and do hereby man rights provision. gress begins its sessions, we would like to proclaim January 22, 1979, as 'Ukrainian In­ While over 2 million Americans are call your attention to the fact that, in Jan­ dei:endence Day' and direct that the Ukrain­ proud of their independent Ukrainian uary, Ukrainians all over the free world, in­ ian flag be raised at the Town Hall on Mon­ cluding the United States, will celebrate the day, January 22, 1979." heritage and live under our free institu­ tions, over 47 million live under continu­ Proclamation of the Independence of Urkaine. BUFFALO UKRAINIANS PREPARE FOR UKRAINIAN ing oppression in their homeland with­ January 22, 1979 will mark the 61st An­ INDEPENDENCE DAY out guarantees of civil rights. without niversary of the Proclamation of Independ­ BUFFALO, N.Y.-The Ukrainian American self-government, still fiercely proud of a ence of Ukraine and the 60th Anniversary community here, acting upon the initiative cultural heritage that predates the es­ of the Act of Union, whereby all Ukrainian of the Ukrainian Congress Committee of tablishment of the United States by 800 lands were united into one independent and America, Buffalo branch, will commemorate years. sovereign nation. Both the Independence of the 61st anniversary of the declaration of I join all of my colleagues today in Ukraine and the Act of Union were pro­ Ukrainian independence. claimed by a duly elected parliament (Cen­ their hope that some day freedom will tral Rada) in Kiev, capital of Ukraine on On Monday, January 22, at 10 a .m. at return to the Ukraine and other nations Buffalo's City Hall, Mayor Griffin and County January 22, 1918 and in January, 1919. Executive Rutkowski will issue a joint living under the dark cloud of Soviet This sovereign Ukrainian state was im­ proclamation declaring January 22, 1979, rule.• mediately recognized by a large number of Ukrainian Independence Day and declaring e Mr. BLANCHARD. Mr. Speaker, last nations, including France and England. Dip­ the universality of national freedoms and Monday, January 22, marked the 61st lomatic relations were established with them. human rights. The ceremony will be wit­ anniversary of Ukrainian independence. Recognition was also granted by Soviet Rus­ nessed by representatives of local organiza­ Today is the first opportunity that the sia. But, desnite the fact that the Soviet gov­ tions. The flag of free Ukraine will fly at City ernment had officially recognized Ukraine as Hall and County Hall. 96th Congress has to reaffirm our strong an independent and sovereign state, On Sunday, January 21, Divine Liturgies support for the cause of freedom in those Ukraine was attacked both by military ag­ will be celebrated in all Ukrainian churches, countries of the world like the Ukraine gression and subversion from within. invoking the Lord's blessing on the quest for where citizens are being denied their most For three and one-half years the Ukrainian Ukrainian freedom and independence, and basic human rights. people waged a gallant struggle tn defense 986 CONGRESSIONAL RECORD-HOUSE January 24, 1979 of their country, alone and without aid from sion and a puppet government known Russia, Ukraine has never been able to western nations but ultimately were over­ as the "Ukrainian Soviet Socialist Re­ develop into the strong nation it po­ powered by the numerically stronger and public" was incorporated forcibly into tentially is, with its vast human and better equipped Red Russian Bolsheviks. They destroyed the Ukrainian National Re­ the U .S.S.R. natural resources. Those who would lead public and created a Communist, puppet The nations of the free world are the Ukrainian people to independence government known as the Ukrainian Soviet indeed fortunate to have such impres­ from Soviet domination are quietly, but Socialist Republic, USSR. sive groups as the Ukrainian Congress severely, punished. The Ukrainian Or­ The entire history of the Soviet-dominated Committee of America, Inc., help focus thodox and Catholic churches, which Ukraine is a ghastly record of inhumanity, attention on the plight of their brethren could be relied on for leadership, were outright persecution and genocide, Rus­ who remain behind in the Soviet Union. wiped out by Stalin and have never been sification and violation of human rights on I am proud to participate in this public allowed to return. The Ukrainian a scale not known in the history of man­ forum and speak out in support of the Orthodox and Catholic churches have kind. In summing up, the colonial rule of So­ Ukrainian people who are forced to been expunged, yet undoubtedly there viet Communism, in Ukraine, can be char­ continue the fight for the right to exer­ are thousands who continue to worship acterized by the following: cise their basic human rights-corner­ in the sanctuary of their hearts. A. During the sixty years of Moscow rule stones of which are the right.5 of self Those of us of Ukrainian descent can­ in Ukraine, literally millions of Ukrainians determination and the right of religious not forget, and it is our duty to keep be­ have been annihilated by man-made fam­ freedom. fore all our freedom-loving countrymen, ines, deportations and executions. Despite the Soviet Union's continued the plight of Ukraine. Each year we come B. Both the Ukrainian Orthodox Church attempt.5 to perpetuate the myth that and the Ukrainian Catholic Church were before our colleagues in the House of ruthlessly destroyed and their clergy, along the U.S.S.R. is a model multinational Representatives to remember those who with hundreds of thousands of members were state in which all member republics are have fallen under Soviet domination. arrested and persecuted. "sovereign" and in which the "national­ Most of those now living in Ukraine have C. All aspects of Ukrainian life are rigidly ity problem'' has been "solved" and in never had the privilege, which so many controlled and directed from Moscow. which relations between the various na­ of us take for granted, of living in a D. Permanent violation of human rights tions are based .Jn the "principles of nation free of foreign domination. Yet was instituted in Ukraine. Thousands of true equality and friendship," the people there still lives in the brave people of Ukrainians have been charged with "anti­ of Ukraine seek to one day again achieve Ukraine a sense of national pride which Soviet propaganda and agitation", arrested, the "nationality recognition" to which tried, and convicted. Many have been tor­ can never be snuffed. tured, incarcerated and confined to psychi­ all mankind aspires. It is with pride in my Ukrainian atric asylums where drugs and chemicals are Along with a plea for national rights, heritage that today I urge my colleagues forcefully administered. Professor and his­ I call for reinstitutions of religious free­ to take up the cause of human rights torian, Valentyn Moroz is symbolic of the dom and the resurrection of the Ukrain­ and remember not only those who gain aforementioned atrocities. Last summer ian Orthodox and Catholic Churches­ the attention of the press, but also those, Mykola Rudenko, Oleksa Tykhy, Mykola Ma­ the two most outstanding cases of reli­ like the Ukrainians, who, becaust of his­ tusewych, Myroslaw Marynowych and Lew gious genocide conducted by Stalin. Dur­ Lukianenko were given 7 to 10 year sentences torical circumstances, suffer quietly, but and five years in exile because they were ing the years of Soviet rule, the people no less tragically.e members of a Ukrainian public group to pro­ of Ukraine have endured not only man­ • Mr. BENJAMIN. Mr. Speaker, For mote the Implementation of the Helsinki made famines, deportations and out­ each of the 2 years that I have been a Accords. right executions, but they have stood Member of this great deliberative body, I The Russian Communist enslavement of by their religious beliefs in the face of have risen to pay tribute to the Ukraini­ Ukraine has brought much suffering to the ruthless destruction of their churches an people in honor of the aniversary of people of Ukraine. In spite of this oppressive and despite effort.5 to incorporate the the Ukrainian Proclamation of Inde­ yoke, Ukrainians have never accepted foreign faithful into the Kremlin-controlled pendence on January 22. domination and are continuing to struggle for human rights, freedom and national in­ Russian Orthodox Church. In my remarks last year, I expressed dependence. The new breed of young, ada­ The sweet taste of independence and the hope that when we celebrated mant fighters for human and national rights freedom was short lived and long ago this-the 61st such anniversary-we gives us hope that Ukraine will be free again. for the people of Ukraine, and so it is would have seen the end of brutal The Ukrainian people in the free world all the more important to demonstrate domination and suppression in the are celebrating the memorable January 22nd to the people of that brave nation that Ukraine. as their greatest holiday. Also, for many they and their struggle for human Unfortunately, this simple hope has years, the 22nd of January has been pro­ claimed, in our American cities and states, rights are always in the minds of the not been realized and the harassment from coast to coast, Ukrainian Independ­ people of the free world. The Ukrainian and subjugation of Ukrainian intellec­ ence Day. spirit remains unconquered and all tuals and dissidents continues as before. Therefore, it is in the common spirit of mankind knows it. Scores of Ukrainian The signing of the Ukrainian Procla­ liberty, faith and justice that the American intellectuals, born and reared entirely mation of Independence in Kiev on Jan­ people, and especially the U.S . Congress, join under communism, now are question­ uary 2Z, 1918, marked what was hoped Ukrainians all over the world in giving moral ing why they are not allowed the free­ to be a long and durable period of peace support to the Ukrainian people in their dom to express themselves as they and prosperity for the new republic. struggle for Human Rights, Freedom and National Independence for UKRAINE. see fit. We in this Nation, moreover, However, history played a cruel game Sincerely, know well that slavery cannot survive. with this fledging republic and events ANTHONY ZUKOWSKY, And we know that the Soviet.5 sow the with which we are all to familiar led to President, UCCA, seeds of their own destruction because its demise. Metropolitan Detroit Branch. • the will for freedom flourishes under It is sadly ironic that a country with • Mr. LENT. Mr. Speaker, January 22, oppression like a fire fanned by the such a rich and powerful history - 1979, marks the 61st anniversary of the thought.5 and prayers of those in the free marked by fierce independence-is the proclamation of the free Ukrainian world who continue to stand by a proud focus of suppression and exploitation at Republic. It was a day of great joy for people in their quest for liberty.• a time when human rights has become a the people of the Ukraine for it united • Mr. ST GERMAIN. Mr. Speaker, with powerful and even global issue. all Ukrainian ethnographic lands into unrest in the Middle East and Southeast The Ukrainian people are to be contin­ one independent and sovereign state of Asia and the recent developments in our ually praised and saluted for their in­ the Ukrainian nation. Even the then policy toward China claiming attention domitable spirit. As I have stated be­ new Soviet Russian Government officially in the area of international relations, it fore, special tribute is to be paid to the recognized this new nation, as did the is easy to become complacent regarding citizens of Ukrainian descent in my dis­ Central Powers and a number of states oppression in parts of the world where trict who have made such valuable con­ of the Entente, including France and the denial of human rights has been a tributions to the progress of their coun­ Great Britain. fact of life for generations. try of heritage. Yet, by 1920, the brave new nation Such a condition has existed in Once again, I join all Ukrainians in had succumbed to communist aggres- Ukraine. Dominated for centuries by a prayer that human freedom-in all its January 24, 1979 CONGRESSIONAL RECORD-HOUSE 987 varied forms -will be realized for all and supportive of this cause. I hope that occasion we must make it clear that people and countries where denial of the Ukrainian people's effort to gain in­ America stands by her tradition of free­ even the most basic human rights con­ dependence will soon be realized. dom and strongly supports the Ukraine tinues.• The Ukrainians are a strong, indus­ and other nations who still must fight • Mr. HORTON. Mr. Speaker, it is an trious group who do much to add to our for theirs.• honor and a privilege for me to, once American spirit. As we observe this 61st e Mr. FORSYTHE. Mr. Speaker, For the again, join my colleagues in the House anniversary of Ukrainian independence, 2 million members of the Ukranian­ in commemorating the anniversary of we join in support and admiration for American community, who represent the independence of the Ukraine, 61 their perseverance and dedication to the every State of the Union, the date Jan­ years ago. Although that independence cause of freedom which we in America uary 22 is of great significance. On that was short-lived, it continues to be an im­ enjoy.• date in 1918, the newly formed Ukrainian portant focal point in the Ukraine's his­ • Mr. YOUNG of Florida. Mr. Speaker, Central Rada under the presidency of tory. For many Ukrainians, that brief January 22 marked the 61st anniver­ Prof. Michael Hrushivsky, the Ukraine's period of freedom has been the one sus­ sary of the shortlived independence of foremost historian, issued a universal taining part in their lives under Soviet the Ukraine prior to its occupation and proclamation declaring the sovereignty domination. subjugation by the Soviet Union. It is of the Ukraine. Our observance of Ukrainian inde­ important that Americans take time to For Americans of Ukrainian descent, pendence 61 years ago takes on particu­ memorialize the plight of the Ukrainian this day recalls the moment in 1918 lar appropriateness given our Nation's people who have been overcome by the when in the capital of the Ukrainian peo­ international policy on human rights. ruthless tyranny of the Soviet Union. ple, Kiev, a group of Ukrainian patriots However, our strong advocacy for basic Our Nation carries a great burden and proclaimed their independence from human rights must not be accepted out responsibility as the leader of the free their native land. Now the Ukrainian of hand since the United States has world and the champion of oppressed people, as in the past, are determined failed to call attention to human rights people everywhere. We take for granted to guide their own destiny and to be free violations in several countries around many of the rights that citizens of cap­ in their sovereign state. the World. For example, the State De­ tive nations, like the Ukraine, are sys­ Sixty-one years is but a short time partment does not recognize Romania's tematically denied. Our leaders have in the long span of history. But the persecution of its Hungarian minority made human rights a major considera­ drive, the fight, the struggle of this tion of our foreign policy, but the basic major Eastern European nation for its within the context of the Helsinki ac­ genuine independence continues to this cord. By the same token, the State De­ human right of freedom of the individ­ ual is still denied to many millions. We day. Since 1918, every decade is full of partment and the administration do not historic expressions and movements for consider the Ukraine's national rights must not take this obligation lightly. Our Nation was founded on the principles of the recovered independence of the within the broader category of human Ukrainian people. In this decade thou­ rights. liberty and democracy which are spelled out in our Constitution and Declaration sands of Ukrainian nationalists make Even more troubling was the Presi­ of Independence. The human right of up the dissident roll of the Ukraine and dent's recent address to the Nation an­ freedom knows no political or geographi­ are now incarcerated in Russian labor nouncing that we had abrogated our cal boundaries and we who lived under camps and psychiatric hospitals. treaty with the Republic of Taiwan in a free government for all of our lives Anyone who is familiar with the con­ favor of the recognition of the People's must be concerned with the plight of the temporary history of the Ukraine, knows Republic of China. This new foreign pol­ freedom-loving Ukrainians. that in all six decades resistance, sacri­ icy initiative when tied with the Presi­ Soviet repression has been consistent fice, and armed opposition to Moscow's dent's decision which led to the return and harsh. This ongoing repression imperialist rule have more than amply of the Holy Crown of St. Stephen, his makes it even more incumbent upon us demonstrated the Ukrainian spirit and intention to remove all U.S. troops from to uphold our heritage of a free and open fight for independence. It is this spirit South Korea, the ongoing SALT II nego­ society and we must champion the cause of determination for independence that tiations and his failure to fully support of self-determination for the Ukrainian will carry the Ukrainian people onward Israel in the peace talks leads me to people. The United States must continue through the coming decades until they question his direction of American for­ to support the aspirations for freedom, achieve their final goal of a sovereign eign policy. These actions also raise seri­ independence, and national self-deter­ Ukrainian state.• ous questions about his statement that mination of all peoples. We cannot ac­ • Mr. McHUGH. Mr. Speaker, I regard "Human rights is the soul of our foreign cept foreign domination by any nation it as a privilege to participate in com­ policy." This might be an accurate state­ over another nation To this end we re­ memorating the 61st anniversary of the ment in certain instances, such as the main committed and we must not waiver Ukraine's Declaration of Independence. condemnation of the Pol Pot regime only from our responsibility .e In the aftermath of World War I, recently overthrown by the Vietnamese, e Mr. MOAKLEY. Mr. Speaker, this many European peoples were able to reap however, it does not seem to be true gen­ week marks the 61st anniversary of the the blessings of free and independent erally. proclamation of an Independent national life. Among them were the It is vitally important therefore that Ukrainian National Republic. brave Ukrainians, whose day of freedom those of us in the Congress concerned I am proud to pay tribute to those finally came after many years of sacrifice about continued Soviet human rights who still recoginze the sovereignty of the and struggle for liberty. Many partici­ violations maintain our support and call Ukraine. For even though Soviet domi­ pants in that struggle devoted their lives for freedom in the Ukraine, and other nation of the Ukrainian people has gone wholeheartedly to the cause of freedom captive nations.• unhalted for 57 years, the spirit of the for their country. Their efforts emerged • Mr. PA'ITEN. Mr. Speaker, the sad overwhelming majority of Ukrainians successful from the crucible of a great fete of the Ukrainians brings little rea­ living in the Soviet Union and abroad war whose outcome affirmed the prin­ son for celebration in their native land. yearns to be free again. ciple of self-determination for small na­ while scores of Ukrainians living outside At a time when human rights is a tions as well as large. Liberty for the the Ukraine observed the all-national cornerstone of our foreign policy, I be­ Ukraine was dearly bought, as it has holiday on January 22. For these 5 lieve we must have the courage and always been throughout human history. million people, there is a strong sense of conviction to work against the repression Since those happy, productive days nationalism and courage which we of Ukrainians at the hands of the Soviet when the Ukraine was blessed with free­ Americans admire and respect. Ukrain­ government. We must speak out against dom, many years have passed during ian-Americans are united in the fight to the suppression of Ukrainian culture which millions more people have died in see that their fellow Ukrainians gain and history, and help preserve the a tragic test of the ability of humans to freedom. Ukraine's national identity. coexist peacefully on this planet. Be­ The United States has a tremendous Despite years of suffering under Com­ cause much time has passed since the regard for the determination of these munist rule, the spirit of the proud Soviet Union first subjugated the Ukrain­ people, and we should strive to urge all Ukrainian people has not dampened ian people and usurped their sovereignty, freedom-loving people to be sympathetic their will to be free. On this important there are some voices that would urge us 988 CONGRESSIONAL RECORD- HOUSE January 24, 19 79 to forget the sorry chronicle of Soviet Russia's fear that this movement of 61 It is with that in mind that I must oppression and genocide, citing the pas­ years ago may re-ignite a threat to the bring to the attention of my colleagues sage of time and suggesting that things expanding Russian empire. an item which is quite small in relation can never change once years have taken Ukrainian sovereignty was recognized to the total expenditures contemplated their toll. Such voices would prefer to by nearly 35 foreign powers including in the budget proposed by the President. believe that the human spirit is limited Soviet Russia; however, as history has But, inclusion of this item raises serious and domitable, that human aspirations shown, the Soviets rarely honor an questions about the President's sincerity can neither withstand time nor be shared agreement and for over 3 years waged and credibility in seeking necessary in­ with any intensity by succeeding genera­ unprovoked war on an unprepared creases in defense spending while at the tions. Ukraine. The Ukrainians were severely same time calling for an austere Federal In response to such doubters, various outnumbered and upon defeat were budget. events behind the Iron Curtain continu­ forcibly incorporated into the Soviet The item to which I refer is the Presi­ ally testify to the contrary: A dissident Union. dent's request for $13 million for further press (both underground and in the In the 61 years since the Ukrainians' development of the extremely low fre­ open), many public demonstrations original thrust for freedom, they have quency submarine communications sys­ throughout the captive European na­ led several more uprisings against Com­ tem. tions, and perhaps most remarkably, the munist enslavement. These actions have For well over a decade, the Navy has fervent character of resistance to So­ been punished by deportation, imprison­ spent many millions of dollars on this vietization shown by the students-not ment, and death. It should be noted that project. The system would · consist of only in the Ukraine but throughout the the Ukrainians have stood up to the cables buried underground which would countries forcibly absorbed so long ago Soviets for the principles of freedom act as an antenna through which to send into the U.S.S.R. despite the persecutions and hardships messages to our submarines under the On a personal note, Mr. Speaker, a they have suffered. In 1932, Stalin or­ sea. The name of the project has been succinct and eloquent example of the dered the Ukrainians to change to a col­ changed from Sanguine to Seafarer and Ukrainian people's determination to be lective farming system. When the farm­ from Seafarer to ELF. At one point, the free again is contained in a letter I ers protested, Stalin proceeded to con­ system the Navy was proposing would received from Eugene Kurylo, a con­ fiscate nearly all the grain, causing have consisted of 2,400 miles of cable stituent of mine who is president of the famine and the loss of 7 million Ukrain­ buried in the Upper Peninsula of Michi­ Binghamton, N.Y., branch of the Orga­ ian lives. Despite world outcry the past gan. Last year, the Navy's director of nization for Defense of the Four Free­ year, the Soviet Union has continued its command, control, and communications doms of Ukraine. He says the following: practice of censuring non-Russian Com­ programs, Admiral Kaufman, called that We fought and shall continue to struggle munist dissenters. In July, a Ukrainian proposal dumb. for our human and national rights for a member of a human rights watchdog Instead, DOD proposed a system con­ free and independent Ukraine sovereign group, was sentenced to 10 years hard sisting of an existing test site at Clam st3.te, in every section of Ukraine and labor and 5 years of Siberian exile for Lake, Wis., and 130 miles of underground throughout the free world, wherever the spreading anti-Soviet propaganda. Ear­ cable located in Michigan's Upper Penin­ beat of freedom throbs in Ukrainian hearts. lier, ';hree Americans were deported by sula. The two sites would be tied to­ May the good Lord help us in our endeavor. Yugoslavian officials for trying to hold gether by a leased telephone line. Mr. Speaker, the overwhelming dedi­ a news conference complaining of the DOD asked for $40.5 million last year cation of Mr. Kurylo to his country's Ukrainians' treatment in the U.S.S.R. to develop this system. This House has freedom reminded me of the passionate It is apparent that the Soviets are not been convinced of either the need eloquence with which a great American using these harsh sentencing tactics as for such a system or the capability of writer, William Faulkner, described what a deterrent to dissent by the 41 million the various proposals to accomplish the makes man great. In accepting the Nobel Ukrainians in the Soviet Union. How­ mission. Accordingly, funding for fur­ Prize for literature, he gave a memorable ever, these tactics have backfired. The ther development was deleted. Unfortu­ address about the human spirit and what persecutions and oppressions have stim­ nately, $20 million was finally provided is eternal in man, such as honor and ulated this brave people's drive for na­ jn the conference report for further pride and spiritual values. His ringing tional independence. It is fitting that testing, limited to the existing test fa­ conclusion was that, "Man will not mere­ we in the Congress pay tribute to the cility at Clam Lake. ly endure; he will prevail." It is that same Ukrainian struggle for their fellow man By again seeking funding for this sys­ kind of vision that enables us to see be­ and the national rights of their country. tem, the President has further damaged yond supposed political realities to the I sincerely wish these brave people con­ his credibility on another front. The abiding, invincible love of homeland and tinued strength and patience as they President is well aware that the resi­ dignity in freedom that characterizes strive for their ultimate goal of inde­ dents of the Upper Peninsula have con­ humanity at its best. That vision is pendent self-government.• sistently and overwhelmingly voiced their splendidly evident in the will of the disapproval of this underground net­ Ukrainian people to be free again. I THE ELF SUBMARINE COMMUNICA­ work. During his campaign for the salute them all-"wherever the beat of TIONS SYSTEM Presidency, Mr. Carter said: freedom throbs in Ukrainian hearts"­ The Navy's proposed ELF submarine com­ and join with all lovers of freedom in The SPEAKER. Under a previous or­ munication system should not be built in the prayer that their cause will indeed der of the House, the gentleman from Michigan's Upper Peninsula against the prevail.• Michigan (Mr. DAVIS) is recognized for wishes of the people who live there ... If I e Mr. GOLDWATER. Mr. Speaker, when 5 minutes. · am elected, Project Seafarer will not be (Mr. DA VIS of Michigan asked and built in the Upper Peninsula against the the Russian czar was overthrown by wishes of the citizens. revolutionary forces in 1917, the Ukrain­ was given permission to revise and ex­ ian people, seeing a chance for freedom, tend his remarks.) Now, Mr. Speaker, I do not intend to elected a National Rada. The Ukrainian Mr. DAVIS of Michigan. Mr. Speaker. oppose this project funding request on Congress proclaimed on January 22, 1918, I know that we cannot realistically hope purely parochial grounds. I do not need a free and sovereign state called the to eliminate the ravages of inflation un­ to. In the same speech, Mr. Carter also Ukrainian National Republic, ending 2% less the Federal budget is brought into said: centuries of oppression. This past Mon­ closer balance. To do that, we will all The Navy has yet to satisfactorily demon­ day marked the 6lst anniversary of have to narrow our definition of what strate the military necessity for Project Sea­ Ukraine's independence. is a necessary expenditure. farer. This day presents an excellent oppor­ Nevertheless, we cannot afford to This House found those words to tunity to reflect on the Ukrainian quest weaken our national defense posture in be true last year when it deleted the for freedom, and the reasons for its lack view of the threats to the peace in Africa, Navy's request for $40.5 million. Now it of success. The answer lies in Soviet Central Europe, the Middle East, and appears that even if the Navy could dominance over the Ukraine and in Southeast Asia. demonstrate need for the communica- January 24, 1979 CONGRESSIONAL RECORD -HOUSE 989 tions mission which they purport, it is tion of obstacles in the way of free enter­ tabled plans to offer ATS programs until likely that ELF would be obsolete by the prise. It is significant that this President more enthusiasm is shown by customers. time it was deployed. Just last week, our wants to build a new foundation, one Preliminary studies indicated that ATS colleague LES AsPIN, pointed to newer, which relies on conservative principles, would not be received well, but many "spread-spectrum" communications one which rejects the disastrous think­ banks chose to ignore this, fearful that if technology which could render the ELF ing which has guided our administration they did not offer the system, they would underground antenna system obsolete. of government for so long. I am sure a lose customers. As one banker from Furthermore, it would in no way dam­ number of those in the President's party Second National Bank of Tennessee age the environment as would the in­ felt somewhat deserted last night. It was stated, stallation of the ELF's underground an­ as if they were players on a football The feeling was that we had to offer a tenna. More importantly, it would pro­ team watching their quarterback walk program to protect the bank. But I don't vide secure, two-way communication off the field into the locker room right in think customers are eager to begin this with our submarines, something which the middle of the game. type of program now. ELF is not capable of providing, and at Nevertheless, I call on the Democratic As a result, the customers this service less cost. majority in Congress to follow the Presi­ was intended to serve are now footing Therefore, I call upon my colleagues dent's advice in building this new f ounda­ the bill for a failure which benefits only a to support deletion of the request for tion. If the President sticks to his word, small number of individuals. funding of the ELF system. I also urge if the President is really committed to In the past, banks have complained the Navy to redirect its efforts toward what he said last night, then the White that low balance customers whose ac­ developing more promising technology House and Capitol Hill will get along counts did not pay for themselves were to fulfill the Navy's long-term communi­ just fine, and the people who elected us being subsidized. Now, automatic trans­ cations needs. to represent them will be a little better fers have neatly turned the tables, and off.e these low- and middle-income account JIMMY CARTER MAKES ME FEEL holders are subsidizing large ATS ac­ GOOD AUTOMATIC TRANSFER SERVICES counts receiving the service free and earning high amounts of interest. Banks The SPEAKER. Under a previous The SPEAKER. Under a previous may be justified in charging for services order of the House, the gentleman from order of the House, the gentleman from which truly benefit their customers, but California (Mr. GOLDWATER) is recog­ Illinois (Mr. ANNUNZIO) is recognized for it is inexcusable to make customers pay nized for 5 minutes. 5 minutes. for more than they get. Unfortunately, e Mr. GOLDWATER. Mr. Speaker, I • Mr. ANNUNZIO. Mr. Speaker, the time this is precisely the fate of unsuspecting cannot tell you how assured I feel after has come for banks to look to their cus­ bank customers who responded to the al­ listening to President Carter deliver his tomers to decide what financial services luring advertisements of the banks. The state of the Union message last night. to offer, not to the rival bank across the woman who stormed into her bank in I breathed a sigh of relief when he told street. Unfortunately, for many institu­ West Virginia and cut up her checkbook the American people, "there is every sign tions, competition still means doing what exemplifies the frustration of customers the state of our Union is sound." other banks do, rather than offering cus­ who have been hit by the high costs of With this new sense of confidence I tomers the best service at the lowest cost. ATS. For most people, ATS is little more will return to my congressional district The recent experience with automatic than giving with one hand, and taking this weekend and tell my constituents transfer services (ATS) is an example of with the other. how "our economy offers greater pros­ this type of thinking: financial institu­ If banks want to maintain the trust of perity," and how their income and busi­ tions jumped on a bandwagon, just to their depositors, they must earn it by ness profits have "risen substantially." find it was going nowhere. fully disclosing the cost of this and other When I talk to the farmers in my dis­ As of November 1, 1978, banks have services, and gearing their advertising to trict--the very farmers who have been been permitted to link savings and check­ the segments of the populace which such desperately trying to find a market for ing accounts so that a customer's funds programs benefit. Those banks which their crops in Japan and elsewhere can earn interest until he draws upon ignore the needs and wants of the cus­ abroad-I will tell them not to worry, them with checks, at which time the tomers, their source of funds, will be the that our President has informed us that money is automatically transferred from first to leave the marketplace.• "farm exports are setting all-time rec­ the savings to the checking account. ords." I will tell my farmers not to be Banks quickly discovered the enormous overly concerned; the President says costs of offering such an intricate service, RESPONSE TO PRESIDENT'S "farm income last year was up more and consequently decided to place huge BUDGET than 25 percent." service charges on small accounts which What made me feel good about the did not pay their keep. Some banks are The SPEAKER. Under a previous order President's address was that I could have imposing charges which could total well of the House, the gentleman from Ar­ written part of it myself. Since I have over $50 per year. For many customers, kansas New York City. fire protection programs. The essence of his discussion is that the And, for those of us who represent A total of $326.5 million proposed for presumption of innocence until proven countryside areas, the situation becomes cutting from the rural development and guilty is at the core of the Democratic even more grim when we consider the business assistance programs. And $300 process. Additionally, his comments are budget proposals in connection with million of this is from repayable loan not mere rhetoric: In both statements reports concerning proposals for reorga­ programs. Mr. THOMPSON marshals various case precedents that provide an outstanding nizing Federal economic and community There are a number of other areas development programs. legal treatment of this subject. Mr. where the same kind of differences pre­ THOMPSON'S remarks are replete with The reorganization proposals would sent themselves in the budget before us. worthy quotes, both literary and legal. put programs responsive to needs of small In recreation, $100 million is cut from For me, these quotes and the Congress­ cities, towns, and communities into a those activities primarily carried on in man's argument brought to mind Alex­ department dominated by programs countryside areas but benefiting both ander Hamilton's own "Here, sir, the favoring our biggest cities and singularly countryside and city residents. But, $150 people govern." Clearly, Mr. THOMPSON'S unresponsive to needs of other places. million for a 5-year park rehabilitation remarks tell us this statement is as true The last 2 years have taught us some program for the cities is proposed. for our country now as it was in the past. especially bitter lessons where tinkering There is the wipeout of the safer off­ I include these comments to be made part with such programs is concerned. This is system roads program which can bene­ of the RECORD for the benefit of our col­ particularly true when favoritism of some fit places of all sizes, and which, even at leagues. regions of the Nation is an evident its past modest level, has had significant REMARKS OF THE HONORABLE FRANK THOMP­ dominant criterion, or even unintended impacts on countryside transportation SON, Jr., CONCERNING THE RESOLUTION result. problems. Contrast that with the $46.5 OFFERED BY Ms. HOLTZMAN Let us deal first with just a few of million increase in urban formula grant Mr. Chairman, Ladies and Gentlemen, the budget issues that prompted my money for mass transportation opera­ Members of the House Democratic Caucus. comment to the President on Monday. tions that primarily benefits our biggest We meet again today to renew our efforts at cities. a delicate and painful but necessary task­ The President has proposed in his the exercise of our constitutional prerogative budget for the coming year increases for These budget examples, I have dis­ and responsibility under Article I, Sec. 5, the Department of Housing and Urban cussed, alone are ample proof that the Clause 3, to sanction our members for con­ Development's principal community de­ President's "lean and austere" budget is duct offensive to this body. The specific ques­ velopment program. For the Commun­ far more lean and far more austere for tion raised by Ms. Holtzman's resolution is ity Development Block Grant (CDBG) our countryside citizens than for our city what action, if any, ought we take when the of dwellers. chairman of one of our committees or sub­ program it is an increase $150 committees has been indicted on a felony million. In recent years there has been a dis­ charge. The problem is compounded when the And, I quote from the documents ac­ turbing rise in tension between big cities member has been re-elected to Congress after companying the budget, a reference to and small cities, towns and countryside his or her indictment. The broader questions the CDBG program: areas and between regions of the Nation. posed concern our constitutional prerogative This increase will go primarily to metro­ There are lots of names for it, "Sunbelt and responsibility to discipline our members politan cities and urban countries. versus Snowbelt," is one. Whatever you while preserving the representative rights of call it, it is destructive of national unity the people. While the budget does not so state, and harmful to the national interest. It Those of you who know me are aware that the past practices of HUD with regard is an attitude I have been fighting for I am not one to indulge in apocalyptic fan­ to UDAG leave us in no doubt that the tasies. However since our last meeting on this years. Thus I find it particularly frus­ subject, when we wisely turned back efforts same is true with this program. trating to be presented by the President to nullify completely the presumption of In addition, the President is proposing with a Federal budget proposal that is innocence by automatic removal of an in­ $40 million new dollars for the HUD unquestionably going to add to that ten­ dicted chairman, I have been haunted by the Livable Cities and Neighborhood Self- sion. That is bad enough, but it comes on words of one of the great Irish poets, William January 24, 1979 CONGRESSIONAL RECORD-HOUSE 991 Butler Yeats, who was h imself not unfamiliar politically motivated. The resolution calls for the Roman arena., where Nero turned to the with political struggle. us to rush to judgment upon an accusation audience for guidance: The life of the glad­ " .. . Things fall apart; the centre cannot emanating from the executive branch that iator was spared if the audience turned hold; mere anarchy is loosed upon the world, one of our members has abused our powers "thumbs up" and death followed when the the blood dimmed tide is loosed, and every­ and processes. audience turned "thumbs down". where the ceremony of innocence is When last we met we voted down a resolu­ When is a prosecution politically moti­ drowned ... " tion calling for automatic removal of an in­ vated? The standard ls so vague as to be Strong words, but I think not too strong, dicted chairman, which I oppose primarily impossible of implementation, I cite you to if we are to realize the potential dangers of because it nullified the presumption of in­ the decision of the 5th circuit in U.S. v. Cox constitutional dimension which inhere in the nocence in this body. 342 F2 167 (5th cir 1965) in which that proposal before you. Let me hasten to add The resolution before us today, because it court noted that the discretionary power that I believe Ms. Holtzman has put forward commits to our discretion the removal of an of the United States Attorney to determine her resolution with the best of intentions. indicted chairman, does utter violence to whether a prosecution shall be commenced But that said, we cannot be permitted to the presumption of innocence at the subse­ or maintained may well depend upon mat­ ignore the pernicious effect which the action quent criminal trial of the defendant-chair­ ters of policy wholly apart from any ques­ it mandates will surely have upon a mem­ man. How could we ln good conscience vote tion of probable cause. The court specifically ber's right to a fair tribunal both within for removal when such a vote would certainly recognized that he ls an executive official and without this body, upon our legislative occur prior to the selection of a jury, so that of the government, and it is as an officer independence and integrity, and upon the any stigma could not even be cured by jury of the executive department that he exer­ representative rights of the people. Nor can sequestration. A vote for removal would so cises a. discretion as to whether or not there we ignore the failure to deal with abuses by impinge upon the possibility of a fair trial, shall be a. prosecution in a. particular case. members generally, not just our chairmen. that it might render impossible any trial at 342 F2 at 171. The Constitution protects the integrity of all. Just a month a.go we were reminded of the legislative process by shielding us from There are some who will say that a chair­ how easily a skillful prosecutor can manip­ intimidation by the Executive and the Judi­ manship is a privilege of this body to bestow ulate a grand jury into returning an indict­ ciary. At the same time it gives up the au­ or take away as we please. But the Supreme ment against a. public official. On Decem­ thority and responsibility to discipline any Court long ago did away with any specious ber 21 of last year the New York Court of offending member. Although in the exercise distinction between privilege and right in Appeals unanimously cleared Justice An­ testing against due process standards gov­ drew Tyler of the New York State Supreme of that authority we may come squarely up Court of perjury charges, which arose out against the representative rights of the peo­ ernmental action depriving an individual of a substantial interest in person or property. of an indictment procured by special prose­ ple, the difficulty of the task cannot permit cutor Na.djari by trapping the judge into us to shirk our duty. Recently, in a case arising out of investiga­ tions and prosecutions begun under Maurice giving false testimony to a grand jury. I, therefore offer a substitute resolution to I was moved by the Tyler reversal to look Ms. Holtzman's, dealing with our constitu­ Nadjari, the former special prosecutor for corruption from Ms. Holtzman's own State, back at the history of the office of the New tional responsibilities with respect to our York Special Prosecutor. I am sure that I do members generally and the specific problem the Supreme Court noted the constitutional status of Pat Cunningham's interest in the not need to remind the Gentlelady from New of committee chairmen. In doing so I take York that of the 12 judges indicted by grand my text from Justice White, dissenting in power and prestige of the county democratic chairmanship, in striking down as unconsti­ juries under the supervision of that offi­ United States v. Brewster, 408 U.S. 501, (1972) tutional a New York law that automatically cer, nine had the charges against them dis­ who said: stripped political party officers of their party missed long before the trial stage, two were "I would insist that (the) Houses (of Con­ jobs if they refused to waive immunity. But acquitted at trial and the only conviction gress) develop their own institutions and the issue need not be left to analogy; for as was Tyler's. we should heed the works of pro::edures for dealing with those in their justice White noted in his dissent in Brew­ Justice Leonard Sandler of the New York midst who would prostitute the legislative ster, we are not free to adjust as we wish State Supreme Court in dismissing another process." 408 U.S. at 563. our members rights to due process .. . 408 Nadjari indictment, that the methods used Resolved: That the caucus rules be U.S. 544. The decision of the court in Powell by the special prosecutor to obtain the in­ amended to create a new section M II G v. McCormack makes it amply clear that the dictment were "indecent" and "astonish­ Subparagraphs (1) and (2) to read as power of the House and Senate to discipline ing" but not limited to the Na.djari office or follows: the conduct of members is not exempt from the specific case. Rather they represented a. (G) (1) If a member of the House of Rep­ "the restraints imposed by or found in the tendency among prosecutors to "translate resentatives who is chairman of a permanent, implications of the Constitution". 395 U.S. moral ccndemna.tlon into criminal charges" select, special or joint committee of t he 486, 519, N. 40 (1969) the presumption of in­ (New York Times, Dec. 2, 1976, 1, 34) Congress, or subcommittee thereof, is con­ nocence is a basic component of a fair trial, So much for my immediate concerns victed of a felony for which a ::;entence of which can only be preserved by careful at­ about the implications of the Holtzman two or more years imprisonment may be tention to the fairness of the fact finding resolution for the rights of the indicted procedure. chairman to due process both within and imposed, the full Democratic Caucus :,hall without the walls of this House. at its next regular meeting vote on whether Because of the implications for the sub­ sequent criminal trial of an indicted chair­ But I have some special concerns be­ that member shall continue to exercise the cause the Holtzman resolution is triggered powers of chairman, taking into account the man, the Holtzman resolution cannot pro­ vide for a full consideration of the merits of by an indictment for offenses involving nature of the offense, the grounds of appeal abuse of the powers of the office of the which the member may have, and any other the charges, which is essential if we are to preserve the presumption of innocence in member. Such an indictment may well in­ circumstances which this body determines volve an act by the defendant chairman appropriate to consider. If subsequently dur­ this body. Under the Holtzman resolution, the indicted chairman must give up the which is protected under the speech and ing the Congress, the conviction is reversed debate clause. Thus the Holtzman resolu­ and all appeals have been exhausted, then powers of the chair, or defend before a body that is unbridled in its discretion and tion may well be viewed as an abdication the member shall automatically regain all of our power to call our offending mem­ his powers as chairman. without specific articulable standards upon which to base its judgment. The vote may bers to account and a waiver of a mem­ (2) The Caucus shall forthwith appoint follow close on the heels of a well publi­ ber's immunity under the speech and de­ a committee of representative members to cized indictment when passions are high bate clause. The majority of the court in study the entire range of problems related and reason is lost in public clamor. Two U.S. v. Brewster did not have to address to our constitutional authority to sanction hundred or more of us will participate; some the question of our right to so waive the offending members and to report b3.ck at the will be absent, some late, some pre-occu­ privilege and defer to the Executive the earliest possible date with recommendations, pied with other matters, some uninformed, punishment of our errant members, but including appropriate procedures to imple­ few able to get to the floor for discussion. dissenting Justice Brennan joined by ment our authority. And what will we discuss. What will be Justices Douglas and White specifically ad­ Permit me now to share with you my speci­ the bases for a determination that a prose­ dressed the question in the following words: fic concerns about the Holtzman resolution cution is frivolous? Is an indictment "The framers' judgment was that the and the reasons for my substitute resolution. based solely on polltlcal rumor circulating American people could have a Congress of The Holtzman Resolution provides that if through the halls of Congress frivolous. independence and integrity only if alleged a chairman of a committee or a subcommittee Hearsay, you say. But the Supreme Court misbehavior in the performance of legis­ is indicted for a felony which involves an ruled over 10 yea.rs ago ln Costello v. U.S., lative functions was accountable solely to abuse of the powers of his office and for 350 U.S. 359 ( 1956) that an indictment is a members' own .House and never to the which a sentence or two or more years may valid even though the sole evidence before Executive or Judiciary." 408 U.S. at 550 be imposed, the full caucus shall at the next the grand jury be hearsay. Wlll our determi­ (J. Brennan, dissenting) . . . regular monthly meeting vote on whether nation that the prosecution is frivolous or Let us assume that an indicted chair­ that member shall continue to exercise the polltlcally motivated be based on the same man intends to move or has moved to qua.sh power~ of a chairman, taking into account political rumor that has been the basis for his indictment on the grounds that it vio­ whether the prosecution may be frivolous or the indictment. Frankly I am reminded of lates the speech and debate clause. Pursu- 992 CONGRESSIONAL RECORD- HOUSE January 24, 1979 ant to the Holtzman resolution, this body clause is essential to preservation of the More recently, Mr. Chief Justice Burger may well have act ed precipitously on the integrity of the legislative process; at the held that "the presumption of innocence al­ basis of an unconstitutional indictment to same time we must develop our own in­ though not articulated in the Constitution, deprive the member of his chairmanship, stitutions and procedures for dealing with is a basic component of a fair trial". Estelle v. while abdicating our responsibility to de­ those among us who would prostitute that Williams, 425 U.S. 501 (1976). He quoted velop fair procedures and institutions of process. from the holding of the past century that our own to judge the Member's conduct. For all of these reasons I ask your support this "is the undoubted law, axiomatic and Permit me to paraphrase the words of Jus­ for the substit ute resolution. elementary". Coffin v. United States, 156 U.S. tice White in Brewster : Mr. Chairman, let me thank you for the 432 (1895) . "I fail to underst and how a majority of courtesy of the floor; and let me thank Ms. The principle of fair play for the accused (this body) can bind an objecting con­ Holt zman for her resolution which has pro­ goes back much further than 1895. It goes gressman to a course so clearly at odds wit h voked our long overdue consideration of oack to the year 1215 when King John the constitutional command t hat legisla­ these mat ters. granted the Magna Cha, to. to the barons out­ tive conduct shall be subject to question In recent days I have seen a number of side London. What Lord Coke called the "pal­ in no other place than the Senate or the different proposals which would attempt to ladium of English liberties" is found in House of Representatives. The speech and deal with the problem of Members of the Articles 39 and 40 of that cherished docu­ debate clause is an allocation of power. House who have been indicted for or convict­ ment. It authorizes Congress to call offending ed of a crime for which a sentence of two or Article 39 provides that "No freeman shall members to account in their appropriate more years imprisonment may be imposed. be taken or imprisoned or disseised or exiled houses. A (rule) that represents an abdica­ It is apparent that some of the authors of or in any way destroyed, nor will we go upon tion of that power is in my view im­ these suggestions have not given careful at­ him nor send upon him, except by the law­ permissable." 408 U.S. at 563. tention to either the House rules, the law, ful judgment of his peers or by the law of the The scope of the protection the Con­ or to the history of our judicial system. land". The commentators agree that this stitution provides our members under the The rule with respect to convictions seems Article means at least three things: (1) that speech and debate clause is presently un­ to me to be very clear and it !" contained in no person is to be punished prior to trial, certain. However, on December 11 , the court rule XLIII of the Rules of the House of Rep­ (2) that the trial is to be by "peers", and agreed to again consider the question of resentatives, paragraph 10 on Po.ge 674 of the (3) that the trial itself be fair, according to reviewing the rulings of the 3d circuit on "Jefferson's Manual". The Rule follows: the "law of the land". former representative Helstoski's challenge "A Member of the House of Representatives Article 40 provides "To no one will we sell, to his indictment as unconstitutional who has been convicted by a court of record to no one will we refuse or delay right or under the clause. However, the history and for the commission of a crime for which a justice". This article, according to Coke, was purpose of the clause as clearly and suc­ sentence of two or more years' imprisonment "worthy to be written in letters of gold". cintly set forth by Justice Harlan in his may be imposed should refrain from partici­ Do we tarnish these words with any of the opinion in U.S. v. Johnson makes clear that: pation in the business of each committee of proposals? Do we "refuse the justice" guar­ "The instigation of criminal charges which he is a member and should refrain anteed by Article 40 when we punish prior against critical or disfavored legislators by from voting on any question at a meeting of to the trial guaranteed by Article 39? I think the executive in a judicial forum was the the House, or of the Committee of the answer is plain. I think the proposed sug­ chief reason prompting the long struggle the Whole House, unless or until judicial or gestions violate the heritage won for us so for parliamentary privilege in England and, executive proceedings result in reinstatement many centuries ago on the fields of Runny­ in the context of the American system of of the presumption of his innocence or until mead. separation of powers, is the predominate he is reelected to the House after the date of The "presumption of innocence is a basic thrust of the speech and debate clause." such conviction." component of a fair trial", as Chief Justice Let us suppose that certain "special in­ Since the Rule speaks for itself, the em­ Burger noted; and ·it is also a basic element terest" groups who have contributed heavily of Due Process whenever the government to the campaign of a member are opposed phasis of these thoughts relates to indict­ ments. It is the "quick fix" to a public re­ seeks to deprive a person of his life, his to certain administration-sponsored legisla­ liberty, his property or even his job with a tion. The member is chairman of the com­ lations problem, the "easy answer" that mitt ee to which the legislation is referred. will come back to haunt us in ways we can public institution. See, e.g. Keyishian v. A White House aide calls the chairman to not ever imagine. Board of Regents of New York, 385 U.S. 589 inform him that allegations have been made Mr. Justice Brandeis once warned in a "wire ( 1967) wherein the Court, once and for all, that he is being paid by these groups to t ap" case that "Our Government is the po­ repudiated the notion that "public employ­ oppose the legislation, the President hopes tent, t he omnipresent, teacher ... . it teaches ment may be conditioned upon the surrender that the charges are not true, and he is the whole people by its example. If the gov­ of constitutional rights which could not be confident that the bill will be reported out ernment becomes a law-breaker, it breeds abridged by direct government action", 385 of the committee and supported by the contempt for law; it invites every man to be­ U.S. at p. 605. chairman. As Mr. Justice White noted in come a man unto himself; it invites anarchy". The Supreme Court has required the Due Process right to a hearing before a non­ detailing a similar hypothetical situation: Olmstead v. United States, 277 U.S. 438 at "The pressure on the congressman, corrupt 49485 ( 1928). tenured professor is denied his property in­ terests in his job, or before his good name or not is undeniable. He will clearly fare I say that what we do in this Congress will better in any future criminal prosecution and reputation will be tarnished by the non­ set an example for others to follow, now and renewal of a one year contract. Perry v. Sin­ if he answers the charge of corruption with in the future, and that we should be cautious evidence that he voted contrary to the al­ dermann, 408 U.S. 593 (1972); Board of Re­ not to be overrun by our own good inten­ gents v. Roth, 408 U.S. 564 (1972). leged barga-in. Even more compelling is the tions. Returning again to Mr. Justice Bran­ likelihood that he will not be prosecuted at Many lower federal courts have held that deis in the wire-tap decision· "Experience a. teacher may not be "suspended" from his/ all if he follows the Administrations sug­ should teach us to be most on our guard to gestions and supports the bill. The speech her job prior to a Due Process hearing where protect liberty when the government's pur­ he/ she will be given notice and an opportu­ and debate clause was designed to prevent poses are beneficient," for "the greatest dan­ just such an exercise of power ..." 408 U.S. nity to defend against the charges. See, e.g. gers t o liberty lurk in insidious encroach­ Lafferty v. Carter, 310 F. Supp. 465 (W.D. 555 (J. White dissenting). ments by men of zeal, well-meaning, but Let us further suppose however, that the Wis. 1970); Johnson v. Netterville, 355 F. Holtzman resolution has passed, the hypo­ without understanding". Supp. 921 (M.D. Louisiana, 1973); Dougherty thetical chairman has opposed the admin­ This language may seem too strong for this v. Walker, 349 F. Supp. 629 (W.D. Missouri, istration, he is indicted and subsequently situation, but what is at stake here is the 1972); Wood v. Goodman, 381 F. Supp. 413 stripped of his chairmanship by this body. fundamental value determination that it is (D. Mas. 1974); compare Coe v. Bogart, 377 F. Two years later, after expiration of the cur­ far worse to convict an innocent man than to Supp. 310 (E.D. Tenn. 1974). In Strickling v. rent congress, the Supreme Court determines let a guilty man go free. Regents, 397 F. Supp. 416 (W.D. Wisc. 1969) that the indictment was in violation of the This belief, unique to our heritage, rests the Court held that even a student may not speech and debate clause. upon a presumption of innocence. It is the be temporarily suspended from a state univer­ I refer you again to Mr. Justice White's proud boast of our jurisprudence that every sity pending a "full hearing" except for rea­ dissenting opinion in brewster in which he man and every woman is presumed to be in­ sons relating to the pt.ysical well-being of clearly recognizes that the present day nocent until the state proves to the contrary, the student himself or the safety and well­ realities of special interest group financing and only by ,;:lear, unequivocal and convinc­ being of other persons or university property; of costly political campaigns, make it all ing evidence beyond a reasonable doubt. In­ and even when such reasons are present he the more necessary for us to guard against deed, just a few years ago, the Supreme Court must, prior to suspensi0n, be given a "pre­ any encroachment upon the speech and de­ extended this presumption of innocence to liminary hearing" in which he is provided a bate clause. Equally valid however, is the children at juvenile proceedings when a de­ minimal opportunity to hear the charge charge by Mr. Justice Burger, writing for termination is made concerning "delin­ against him and to make some response the majority, that we have shown little in­ quency" status. It required the stat'.? to pro­ thereto. clination to exercise our responsibilities in duce proof beyond a reasonable doubt to If Due Process applies when a. non-tenured this area. overcome the presumption of innocence. In professor is denied or suspended from his Preservation of the speech and debate re Winship, 397 U.S. 358 (1970) . job; and when a student is suspended from January 24, 1979 CONGRESSIONAL RECORD-HOUSE 993

the campus; it follows a fortiorari that a other ties. This rudderless possibility of re­ winter. These communities are not eli­ legislator is entitled to Constitutional pro­ prieve can no more save the Rule from its gible for Federal reimbursement for the tection when the privileges of his offices are patent unconstitutionality than can the work completed prior to the President's sought to be taken from him. And so the possibility of Gubernatorial pardon save declaration. Therefore, despite their Supreme Court has held. a capital punishment law which on its face efficiency, they are wrongly being denied In Bond v. Floyd, 385 U.S. 1116 (1966) the is cruel and unusual. Georgia House of Representatives sought to To repeat, I agree that it is a time for assistance available to neighboring com­ exclude Julian Bond from membership be­ action; but for action within the bounds munities which were not able to com­ cause of anti-war remarks he had made. A of the Constitution we have all sworn to plete snow removal before the emergency legislative committee reported that these uphold and defend. I think the proposed became "official." statements had given "aid and comfort" to Rule exceeds the Constitutional boundaries. This inequity stems from a decision of the enemy, and were totally inconsistent It destroys the cherished presumption of the FDAA, not from the law. The Dis­ with the mandatory oath prescribed by the innocence with its proposal to deny office aster Assistance Act of 1974 does not Constitution of Georgia for a Member of the rights upon indictment and in advance of House of Representatives. Bond was denied trial. I oppose it for that reason. defer Federal assistance to the day on his seat. On appeal, the State of Georgia Article I, section 5 of the Constitution which the President signs the proclama­ argued that the First Amendment would gives us the power, and the responsibility, tion. The Congress intended to provide have protected Bond had he been a private to punish our "Members for disorderly be­ assistance during an emergency and did citizen, but that the state could apply a haviour, and with the concur.rence of two­ not intend to set up a artificial and arbi­ stricter standard to its legislators. The Su­ thirds, expel a Member". I suggest an in­ trary scheme for measuring the onset of preme Court did not agree that "a State is house reevaluation of our present in-house the emergency. constitutionally justified in exacting a higher procedures. I think this is what the Con­ The bill I am introducing would make standard of loyalty from its legislators than stitution contemplates; I think this is clear the intent of Congress that emer­ from its citizens", and ordered that Bond be enough for the time being. given his seat. gency assistance is available for the dura­ I appreciate your courtesy in permitting tion of the emergency or major disaster, Similarly, in Powell v. McCormack, 395 me to share my thoughts with you, but they U.S. 486 (1969) Adam Clayton Powell was have been with me for some time and I regardless of the day on which the Pres­ denied his seat on a finding that he had offer them for your thoughtful considera­ ident declares the existence of the emer­ wrongfully diverted House funds for the use tion.e gency. The President's declaration is in­ of himself; and that he had made false re­ evitably delayed until a State has been ports on exp en di tures of foreign currency to able to compile the necessary informa­ the Committee on House Administration. FEDERAL DISASTER RELIEF The Supreme Court held that the Constitu­ tion from its local communities and to tion permitted exclusion from Congress only SHOULD BE AVAILABLE DURING transmit its request. The more serious for reasons of age, residency and citizenship; ENTIRE TIME OF AN EMER­ the emergency, the more likely the com­ and issued a declaratory judgment that GENCY pilation of data will be delayed because Powell's exclusion for other reasons was in The SPEAKER. Under a previous officials must deal with immediate threats violation of the Constitution. order of the House, the gentleman from to life and property before redtape. Of­ These two cases are factually distinct from ficials of FDAA must then examine a the issue raised by the suggestions which Indiana (Mr. BENJAMIN ) is recognized have been made, but they demonstrate that for 5 minutes. State's request for assistance before con­ the Constitution controls our actions when e Mr. BENJAMIN. Mr. Speaker, the veying it to the President. Congress did it comes to how we treat our fellow members. hazards posed by severe storms in the not intend that aid for citizens be pred­ In Bond, the First Amendment restricted the midwestern sections of our country have icated on the completion of bureau­ right of the Georgia Legislature to deny cratic formalities and my bill is intended Julian Bond a seat. In Powell it was Article been amply documented in the past 2 weeks. The threat to public health and to correct this inconsistency. 1, section 2 of the Constitution. Here it is In addition to introduction of this the presumption of innocence enshrined by safety in the event of emergency situa­ legislation, I have requested the General case law in the Due Process Clause of the tions imposed by these storms is immedi­ Constitution. In this sense, all three cases ate. Unfortunately, the Federal, and Accounting Office to investigate the pro­ are the same. sometimes State, reaction to such cedures by which an emergency is de­ Let me return for a moment to what these emergencies is anything but immediate. clared. This request was prompted when proposals are all about. They would require President Carter rejected an application the unseating of a Chairman upon indict­ Not only does bureaucratic redtape for emergency assistance for northwest­ ment for a serious crime. An indictment, slow responsiveness to the emergency, ern Indiana despite the fact that he had when all is said and done, is nothing more the law governing this problem penalizes declared the directly adjacent area of than an accusation; emanating from a grand local units of government that respond northeastern Illinois an emergency area. jury, it is true, but even grand juries occa­ quickly to natural disasters such as bliz­ More specifically, I have requested the sionally run amuck; and they have been zards and rewards those that fail to mar­ known to be used for partisan political pur­ GAO to determine: poses. shall their resources on a timely basis. First, the procedure utilized by Illinois It might be recalled that the Speech and To correct this inequity, I am today to ultimately receive an emergency Debate Clause had its taproots in Parli­ introducing a bill to amend the Disaster declaration. mentary struggles of the Sixteenth and Relief Act of 1974 (Public Law 93-288). A Second, the procedure utilized by In­ Seventeenth Centuries to achieve freedom similar ·bill was introduced yesterday in diana in its efforts to receive a similar and independence from the Crown. In this the other body by Senator ADLAI STEVEN­ designation. country, the Clause was thought necessary SON and others. "to prevent intimidation by the executive Third, the difference and effectiveness, and accountability before a possibly hostile Under present policies of the Federal or lack thereof, of each procedure. judiciary". United States v. Johnson, 383 Disaster Assistance Administration Fourth, whether Indiana has a work­ U.S. 169 (1966). Is this farfetched? Let me United States Code, to provide assist­ Mr. GUDGER. Ways and Means. ance in rebuilding the Nation's railroad Mr. GORE in two instances. By Mr. BENJAMIN: rights-of-way, and for other purposes; to the Mr. ANDERSON of California in three H .R . 1320. A bill to amend the Disaster Committee on Interstate and Foreign Com­ instances. Relief Act of 1974; to the Committee on merce. Mr. GONZALEZ in three instances. Public Works and Transportation. H .R . 1336. A bill to enact the National Mr. JONES of Tennessee in 10 instances. By Mr. BROOMFIELD: School-Age Mother and Child Health Act of Mr. BONER of Tennessee in 10 in- H .R. 1321. A bill to amend the Immigra­ 1979; to the Committee on Interstate and stances. tion and Nationality Act to provide for the Foreign Commerce. deportation of any alien who receives wel­ H .R. 1337. A bill to amend title VIII of the Mr. BONIOR of Michigan. fare benefits as a result of causes not affirm­ Public Health Service Act to extend for Mr. FISHER. atively shown to have arisen after entry, 2 fiscal years the program of assistance for Mr.RAHALL. to the Committee on the Judiciary. nurse training; to the Committee on Inter­ Mr. HAMILTON. H.R. 1322. A bill to provide property tax state and Foreign Commerce. Mrs. SPELLMAN. relief to low-income elderly homeowners H.R. 1338. A bill to prohibit any increase Mr. BENJAMIN. through direct reimburs·ements; to the Com­ in the price of certain consumer commodities Mr. JOHN L. BURTON. mittee on Ways and Means. by any retailer once a price is placed on any H.R. 1323. A bill to amend the Internal such commodity by such retailer, and for Revenue Code of 1954 to provide a refund­ other purposes; to the Committee on Inter­ ADJOURNMENT able credit against tax for post-secondary state and Foreign Commerce. education expenses for tuition and fees paid H.R. 1339. A bill to amend the Communica­ Mr. ANTHONY. Mr. Speaker, I move by the taxpayer attributable to the attend­ tions Act of 1934 to establish orderly proce­ that the House do now adjourn. ance of a student at an institution of post- dures for the consideration of applications 1000 CONGRESSIONAL RECORD - HOUSE January 24, 1979 for renewal of broadcast licenses; to the Com­ incentives for the modification of certain fa­ H.R. 1368. A bill to require authorizations mittee on Interstate and Foreign Commerce. cilities and vehicles so as to remove archi­ of new budget authority for Government H .R . 1340. A blll to amend section 1951, tectural and transportational barriers to the programs at least every 5 years, to establish title 18, United States Code, Act of July 3, handicapped and elderly; to the Committee a procedure for zero-based review of Gov­ 1946; to the Committee on the Judiciary. on Ways and Means. ernment programs every 5 years, and for H .R. 1341. A blll to amend part J of title H.R. 1355. A bill to amend the Internal other purposes; jointly, to the Committees I of the Omnibus Crime Control and Safe Revenue Code of 1954 to exclude from gross on Rules and Government Operations. Streets Act of 1968 to provide to Federal income the first $5,000 of interest received on By Mr. GILMAN: public safety officers the same benefits certain savings deposits in the case of in­ H.R. 1369. A bill to amend the Public accorded under such part to State and local dividuals over 65 years of age; to the Com­ Health Service Act to authorize financial as­ public safety officers; to the committee on mittee on Ways and Means. sistance for projects and programs to train the Judiciary. H.R. 1356. A blll to amend the Internal physicians and other health personnel to H.R. 1342. A blll authorizing the Secretary Revenue Code of 1954 to provide a tax credit identify and deal with the special medical of the Interior to issue certain obligations with respect to housing senior citizens in the problems related to the mentally retarded and to utilize the revenues therefrom to principal residence of the taxpayer; to the and to improve the ablllty of such personnel acquire additional wetlands; to the Commit­ Committee on Ways and Means. to provide health care to the mentally re­ tee on Merchant Marine and Fisheries. H.R. 1357. A blll to amend the Internal tarded; to the Committee on Interstate and H.R. 1343. A blll to provide that any Revenue Code of 1954 to remove certain age Foreign Commerce. increase in the rate of pay for Members of restrictions applicable to individual retire­ H.R. 1370. A bill to amend title 38, United Congress proposed during any Congress shall ment accounts and retirement plans for the States Code, in order to entitle veterans to not take effect earlier than the beginning of self-employed; to the Committee on Ways 54 months of educational assistance for all the next Congress; to the Committee on Post and Means. educational programs under chapter 34 of Office and Civil Service. H.R. 1358. A bill to amend the Social Secu­ such title, to eliminate the time limitation H.R. 1344. A bill to designate the birthday rity Act to provide for inclusion of the serv­ within which educational assistance must be of "Susan B. Anthony" as a legal public holi­ ices of licensed (registered) nurses under used, and to restore on behalf of certain day; to the Committee on Post Office and medicare and medicaid; jointly, to the Com­ veterans educational assistance benefits pre­ Civil Service. mittees on Ways and Means, and Interstate viously terminated; to the Committee on H.R. 1345. A blll to require that new forms and Foreign Commerce. Veterans' Affairs. and reports, and revisions of existing forms, H .R. 1359. A blll to amend the Social Secu­ H.R. 1371. A bill to establish a task force to resulting from legislation be contained in rity Act to direct the Secretary of Health, study and evaluate the taxation of real prop­ reports of committees reporting the legisla­ Education, and Welfare to develop standards erty by State and local governments, the tion; to the Committee on Rules. relating to the rights of patients in certain effects of such taxation on certain taxpayers, H.R. 1346. A bill to amend title 38 of the medical facilities; jointly, to the Committees and the feasiblllty of Federal taxation and United States Code to provide for the pay­ on Ways and Means, and Interstate and For­ other policies designed to reduce the depend­ ment of supplemental tuition allowances eign Commerce. ence of State and local governments on such for certain veterans pursuing educational taxation; jointly, to the Committees on Ways H.R. 1360. A bill to amend titles II and and Means and Government Operations. programs; to the Committee on Veterans' XVIII of the Social Security Act to include Affairs. By Mr. GRASSLEY: qualified drugs, requiring a physician's pre­ H.R. 1372. A bill to amend the Internal H.R. 1347. A bill to amend title II of the scription or certification and approved by Revenue Code of 1954 to subject investors to Social Security Act to provide that any indi­ a Formulary Committee, among the items the capital gains tax on gain from the sale vidual may qualify for disability insurance and services covered under the hospital in­ of real property situated in the United benefits, and the disability freeze if he has surance program; jointly, t._ the Committees States; to the Committee on Ways and 20 quarters of coverage ( and meets the other on Ways and Means, and Interstate and For­ Means. conditions of eligibllity therefor), regardless eign Commerce. By Mr. GUDGER (for himself, Mr. of which such quarters were earned; to the By Mr. COTTER: PREYER, Mr. ANDREWS of North Caro­ Committee on Ways and Means. H.R. 1361. A bill to amend the Internal lina, Mr. NEAL, Mr. WHITLEY, Mr. H.R. 1348. A bill to amend title II of the Revenue Code of 1954 to permit a taxpayer HEFNER, Mr. EVANS of Georgia, Mr. Social Security Act so as to liberalize the to claim a credit for amounts paid as tuition HALL of Texas, and Ms. HOLTZMAN): conditions governing eligibility of blind per­ to provide education for himself, for his H.R. 1373. A bill to amend the Federal sons to receive disability insurance benefits spouse, or his dependents, and to provide Rules of Criminal Procedure to limit Federal thereunder; to the Committee on Ways and that such credit is refundable; to the Com­ searches and seizures of property in the pos­ Means. mittee on Ways and Means. session of innocent third parties; to the H.R. 1349. A bill to amend title II of the By Mr. EDWARDS of Alabama: Committee on the Judiciary. Social Security Act so as to remove the limi­ H.R . 1362. A bill to amend the Elementary By Mr. HAMMERSCHMIDT: tation upon the amount of outside income and Secondary Education Act of 1965 to pro­ H.R. 1374. A bill to amend the Food Stamp which an individual may earn while receiv­ vide for drug abuse therapy programs in Act of 1964, to exclude from coverage under ing benefits thereunder; to the Committee schools; to the Committee on Edccation and the act households which have members who on Ways and Means. Labor. are on strike, and for other purposes; to the H.R. 1350.-A bill to amend title XVIII of H.R. 1363. A bill to amend the Federal Committee on Agriculture. the Social Security Act to provide that the Trade Commission Act to prohibit the Fed­ H.R. 1375. A bill to require that imported periodic adjustments made in the inpatient eral Trade Commission from requiring any meat and meat food products made in whole hospital deductible shall hereafter reflect person, partnership, or corporation to file line or in part of imported meat be subjected to increases in social security cash benefits of business reports; to the Committee on certain tests and that such meat or products rather than increases in the cost of inpatient Interstate and Foreign Commerce. be identified as having been imported; to hospital services; to the Committee on Ways H .R. 1364. A bill to amend the Civil Rights require the inspection of imported dairy and Means. Act of 1964 to provide a limitation of 2 years products, and that such products comply H.R. 1351.-A bill to amend the Internal on civil actions brought to prevent unlaw­ with certain minimum standards of sanita­ Revenue Code of 1954 to require the estab­ ful employment practices; to the Committee tion; to require that the cost of conducting lishment of formal procedures and criteria on the Judiciary. such tests, inspections, and identification for the selection of individual income tax H .R. 1365. A bill to provide that in civll procedures on imported meat and meat food returns for audit, to inform individuals of actions where the United States is a plaintiff, products and on dairy products, as the case the reasons why their returns were selected may be, be borne by the exporters of such a prevailing defendant may recover a reason­ articles, and for other purposes; to the for audit, and for other purposes; to the able attorney's fee and other reasonable liti­ Committee on Ways and Means. Committee on Agriculture. gation costs; to the Committee on the Ju­ H .R: 1376. A bill to repeal the Occupa­ H.R. 1352. A bill to amend the Internal diciary. tional Safety and Health Act of 1970; to the Revenue Code of 1954 to allow a deduction to H.R. 1366. A bill to impose quantitive lim­ Committee on Education and Labor. individuals who rent their principal resi­ itations on the importation of shrimp into H.R. 1377. A bill to amend the Occupation­ dences for a portion of the real property taxes the United States during calendar years 1979 al Safety and Health Act of 1970 to provide paid or accrued by their landlords; to the and !980, and to impose a duty on imported that such Act shall not apply to employ­ Committee on Ways and Means. shrimp; to the Committee on Ways and ers, including farming operations, having 25 H.R. 1353. A bill to amend section 167 of Means. or fewer employees; to the Committee on the Internal Revenue Code of 1954 to en­ By Mr. GAYDOS: Education and Labor. courage landlords to meet minimal housing H.R. 1367. A blll to require authorizations H .R. 1378. A b1Il to amend the Occupation­ standards by disallowing the depreciation of new budget authority for Government al Safety and Health Act of 1970 to provide deduction to a landlord who has been con­ programs at least every 5 years, to provide for that any employer who successfully con­ victed of violating a housing code; to the review of Government programs every 5 tests a citation or penalty shall be awarded Committee on Ways and Means. years, and for other purposes; jointly, to the a reasonable attorney's fee and other reason- H.R. 1354. A blll to amend the Internal Committees on Government Operations and able litigation costs; to the Committee on Revenue Code of 1954 to provide income tax Rules. Education and Labor. January 24, 1979 CONGRESSIONAL RECORD-HOUSE 1001 H.R. 1379. A bill to amend the Occupation­ established by the taxpayer for the pt:rpose ment of prior hospitalization in the case of al Safety and Health Act of 1970 to provide of funding the higher education of his de­ home health care under part A), to include that the Administrator of the Small Busi­ pendents; to the Committee on Ways and additional types of services as home healtb ness Administration may render onsite con­ Means. care, and for other purposes; jointly, to the sultation and advice to certain small busi­ H.R. 1393. A bill to amend the Internal Committees on Ways and Means, and In­ ness employers to assist such employers in Revenue Code of 1954 to allow an individual terstate and Foreign Commerce. providing safe and healthful working con­ to exclude from gross income the gain from H.R. 1405. A bill to amend title XVIII of ditions for their employees; to the Commit­ the sale or exchange of the individual's prin­ the Social Security Act to authorize pay­ tee on Education and Labor. cipal residence; to the Committee on Ways ment under the supplementary medical in­ H.R. 1380. A bill to amend the Community and Means. surance program for optometric and medical Services Act of 1974 to permit the Director H.R. 1394. A bill to amend the Internal vision care; jointly, to the Committees on of the Community Services Administration Revenue Code of 1954 to exemp~ nonprofit Ways and Means, and Interstate and Foreign to furnish assistance for the installation of volunteer firefighting or rescue organizations Commerce. security devices in the residences of elderly from the Federal excise taxes on gasoline, H.R. 1406. A bill to amend title XVIII of persons; to the Committee on Education and diesel fuel, and certain other articles and the Social Security Act to include dental Labor. services; to the Committee on Ways and care, eye care, hearing aids, physical check­ H.R. 1381. A bill to permit the review of Means. ups, and foot care among the items and regulatory rules and regulations by the Con­ H.R. 1395. A bill to amend the Internal services for which payment may be made gress; to the Committee on Government Revenu<· Code of 1954 to encourage the em­ under the supplementary medical insurance Operations. ployment of handicapped individuals by pro­ program, and to provide safeguards against H.R. 1382. A blll to amend the Communica­ viding a tax credit for a certain portion of consumer abuse in the provision of these tions Act of 1934 in order to prohibit the the wages paid to such individuals; to the items and services; jointly to the Commit­ television broadcasting of programs portray­ Committee on Ways and Means. tees on Ways and Means, and Interstate and ing nudity, obscenity, or explicit sexual ac­ H.R. 1396. A bill to amend the Internal Foreign Commerce. tivity which is offensive to the public taste Revenue Code of 1954 to allow a deduction H.R. 1407. A bill to amend title XVIII of and morals; to the Committee on Interstate for the purchase and installation of certain the Social Security Act to authorize payment and Foreign Commerce. teletypewriters for use by individuals whose under the medicare program for certain serv­ H.R. 1383. A blll to expand the medical sight, hearing, or speech is impaired; to the ices performed by chiropractors; jointly, to freedom of choice of consumers by amending Committee on Ways and Means. the Committees on Ways and Means, and the Federal Food, Drug, and Cosmetic Act to H.R. 1397. A blll to provide an opportunity Interstate and Foreign Commerce. provide that drugs will be regulated under to individuals to make financial contribu­ H.R. 1408. A bill to amend title XVIII of that act solely to assure their safety; to the tions, in connection with the payment of the Social Security Act to provide for cover­ Committee on Interstate and Foreign Com­ their Federal income tax, for the advance­ age under part B of medicare for routine merce. ment of the arts and the humanities; to the Papanicolaou tests for the diagnosis of uter­ H.R. 1384. A bill to provide that in civll Committee on Ways and Means. ine cancer; jointly, to the Committees on actions where the United States is a plaintiff, H.R. 1398. A bill to repeal the earnings Ways and Means, and Interstate and Foreign a prevailing defendant may recover a reason­ limitations of the Social Security Act; to Commerce. able attorney's fee and other reasonable liti­ the Committee on Ways and Means. H.R. 1409. A bill to provide for congres­ gation costs; to the Committee on the H.R. 1399. A bill to amend title XVI of sional review of all regulations relating to Judiciary. the Social Security Act to provide that an costs and expenditures for health care, re­ H.R. 1385. A bill to amend the Administra­ alien is not qualified for supplemental secur­ imbursements to individuals or providers of tive Procedure Act to require the perform­ ity income benefits unless he has a parma­ health care, and for other purposes; jointly, ance and publication of economic impact to the Committees on Interstate and Foreign nent resident status in the United States and Commerce, Ways and Means, and Rules. analyses in the Federal Register for all pro­ has continuously resided in the United States posed and final rules which are subject to H.R. 1410. A bill to protect the public from for at least 6 years, and to provide for the traffickers in heroin and other opiates, and the provisions of that act; to the Committee establishment of procedures which will more on the Judlciary. for other purposes; jointely to the Commit­ effectively pre•·ent the payment of such tees on Interstate and Foreign Commerce, H.R. 1386. A bill to amend chapter 44 of benefits to individuals who become ineligible title 18 of the United States Code (respecting the Judiciary, Banking, Finance and Urban because of their departure from the United Affairs, and Ways and Means. firearms) to penalize the use of firearms in States; '"o the Committee on Ways and Means. the commission of any felony and to increase By Mr. HUGHES: the penalties in certain relating existing pro­ H.R. 1400. A bill to amend title XX of the H.R. 1411. A bill to amend the Tariff visions; to the Committee on the Judiciary. Social Security Act to include among the Schedules of the United States by repealing H.R. 1387. A bill to amend the Congres­ servicec: eligible for Federal assistance under item 807 of schedule 8, part 1, subpart B; to sional Budget Act fo 1974 to require the Con­ such title the installation of devices to pro­ the Committee on Armed Services. gressional Budget Office to prepare economic mote the security of the elderly in their By Mr. HUTTO: impact statements in connection with legis­ homes; to the Committee on Ways and H.R. 1412. A bill to amend chapter 55 of lation reported by congressional committees Means. title 10, United States Code, to authorize and in connection with rules and regula­ H.R. 1401. A bill to establlsh a method the provision of medical and dental care to tions proposed by Federal agencies; to the whereby the Congress (acting in accordance surviving spouses of members and certain Committee on Rules. with specified procedures) may prevent the former members of the uniformed services H.R. 1388. A bill to amend section 110 of adoption by the executive branch of rules or who are not remarried; to the Committee on title 38, United States Code, to liberalize the regulations which are contrary to law or in­ Armed Services. standard for preservation of disability evalu­ consistent with congressional intent or H.R. 1413. A bill to amend title 38, United ations for compensation purposes; to the which go beyond the mandate of the legis­ States Code, to provide that a member of the Committee on Veterans' Affairs. lation which they are designed to imple­ Armed Forces who dies while on active duty H.R. 1389. A bill to amend section 3104 of ment; jointly, to the Committees on the shall be considered to be a veteran for pur­ title 38, United States Code, to permit cer­ Judiciary and Rules. poses of the entitlement of such member's tain service-connected disabled veterans who H.R. 1402. A bill to amend title 5 of the survivors to medical care under the civilian are retired members of the uniformed serv­ United States Code to establlsh a uniform health and medical program of the Veterans' ices to receive compensation concurrently procedure for congressional review of agency Administration; to the Committee on Veter­ with retired pay, without deduction from rules which may be contrary to law or in­ ans' Affairs. either; to the Committee on Veterans' Affairs. consistent with congressional intent, to ex­ H.R. 1390. A bill to extend to all unmarried pand opportunities for public participation By Mr. BIAGGI: individuals the full tax benefits of income in agency rulemaking, and for other pur­ H.R. 1414. A bill to amend the Ports and splitting now enjoyed by married individuals poses; jointly, to the Committees on the Waterways Safety Act of 1972 to regulate the filing joint returns; and to remove rate in­ Judiciary and Rules. safety and siting of liquefied bulk gas facili­ equities for married persons where both are H.R. 1403. A bill to provide for quality as­ ties, to establish a comprehensive liability employed; to the Committee on Ways and surance and utllization control in home and compensation funds for such facilities, Means.: health care under the medicare, medicaid, to provide for the licensing of such facilities H.R. 1391. A bill to amend the Internal and social services programs in accordance beyond the limits of the territorial sea sub­ Revenue Code of 1954 to allow a credit with a plan to be developed by a commission ject to the jurisdiction of the United States, against income tax to individuals for certain specifically established for that purpose; and for other purposes; jointly to the Com­ expenses incurred in higher education; to the jointly, to the Committees on Ways and mittees on Interstate and Foreign Commerce, Committee on Ways and Means. Means, and Interstate and Foreign Com­ Merchant Marine and Fisheries, and Public H.R. 1392. A bill to amend the Internal merce. Works and Transportation. Revenue Code of 1954 to encourage higher H.R. 1404. A bill to amend title XVIII of By Mr. !CHORD: education, and particularly the private fund­ the Social Security Act to remove all limits H.R. 1415. A bill relating to the settlement ing thereof, by authorizing a deduction from on the number of home health visits for of debts owed the United States by foreign gross income of reasonable amounts contrib­ which payment may be made under both countries; to the Committee on Interna­ uted to a qualified higher education fund part A and part B (eliminating the require- tional Relations. 1002 CONGRESSIONAL RECORD-HOUSE January 24, 1979 H .R. 1416. A bill to require a refund value ttrees point credit for non-Regular service; By Mr. QUILLEN: for certain beverage containers, and for other to the Committee on Armed Services. H .R. 1438. A bill t o amend title II of the purposes; to the Committee on Interstate H.R. 1428. A bill to amend titles 10 and 32, Social Security Act so as to liberalize the and Foreign Commerce. United States Code, to authorize additional conditions governing eligibility of blind per­ H .R. 1417. A bill to terminate the author­ medical and dental care and other related sons to receive disability insurance benefits ization of the Union Lake flood control proj­ benefits for reservists and members of the thereunder, to the Committee on Ways and ect, Missouri; to the Committee on Public National Guard, under certain conditions, Means. Works and Transportation. and for other purposes; to the Committee on By Mr. RAHALL: H .R. 1418. A bill to require that specific Armed Services. H .R. 1439. A bill to extend the period for alien and citizenship status information be By Mr. MOORE: SBA disaster low interest loans from Octo­ provided prior to the issuance of a social H .R. 1429. A bill to amend the Internal oer 1, 1978 to October l , 1979; to the Com­ security card, to require that social security Revenue Code of 1954 to exclude from gross mittee on Small Business. cards which cannot be duplicated be issued, income $100 of interest in the case of an By Mr. RANGEL: to require that these cards be presented to individual taxpayer; to the Committee on H .R . 1440. A bill to amend title 10 of the employers by prospective employees before Ways and Means. United States Code in order to count, for obtaining employment, to provide penalties By Mr. NICHOLS: purposes of nonregular retirement pay, against employers for violating the provi­ H.R. 1430. A b111 to amend title 10 of the service before World War II in certain State sions of this act, and for other purposes; to United States Code in order to provide that militia units which were racially segregated; the Committee on Ways and Means. no veteran may be denied care or treatment to the Committee on Armed Services. By Mr. KASTENMEIER: under the CHAMPUS program for any serv­ H.R. 1441. A bill to amend the United H .R. 1419. A bill to amend the Consoli­ ice-connected disability solely because care States Housing Act of 1937 to provide that a dated Farm and Rural Development Act, to or treatment for such disabllity is available tenant in a low-rent public housing project provide an alternate method of making loans at Veterans' Administration medical facili­ may not be evicted therefrom without a for acquisition and improvements of the ties; to the Committee on Armed Services. public hearing; to the Committee on Bank­ farm, needed by farm families, including H.R. 1431. A bill to amend section 1124(c) ing, Finance and Urban Affairs. young farmers, and to provide the borrower of title 10, United States Code, to remove H .R. 1442. A bill to amend title I of the family with adequate standards of living and the restriction that a member of the armed Housing Act of 1949 to provide more ade­ the consumer with reasonable prices for dairy forces must be on active duty to be eligible quate relocation payments for individuals, and other agricultural products, as well as to for the payment of a cash award for a sug­ families, and business concerns displaced maintain and improve national health, and gestion, invention, or scientific achievement; from urban renewal areas; to the Committee for other purposes; to the Committee on to the Committee on Armed Services. on Banking, Finance and Urban Affairs. Agriculture. H.R. 1432. A bill to amend section 709 H.R. 1443. A bill to amend the U.S. Housing By Mr. LENT: Act of 1937 for the purpose of making H .R. 1420. A b111 to amend section 9441 of of title 32, United States Code, to allow civil­ ian National Guard technicians to hold their improvements in the program authorized by title 10, United States Code, to provide for section 8 of such act; to the Committee on the budgeting by the Secretary of Defense, positions and to be promoted without regara to their military grade in the National Banking, Finance and Urban Affairs. the authorization of appropriations, and the H.R. 1444. A bill to establish a program of use of those appropriated funds by the Secre­ Guard; to the Committee on Armed Services. reduced tuition rates to encourage older tary of the Air Force, for certain specified H.R. 1433. A bill to amend Public Law 874, Americans to attend institutions of higher purposes to assist the Civil Air Patrol ln 81st Congress, to provide that children of education, and to establish a program to providing services in connection with the parents employed on Federal property who gather data relating to employment oppor­ noncombatant mission of the Air Force; to attend school in a State contiguous to the tunities for older Americans; to the Com­ the Committee on Armed Services. State in which such property 1s situated may mittee on Education and Labor. By Mr. LENT (for himself, Mr. COUGH­ be counted for purposes of determining the H.R. 1445. A bill to establish a National LIN, Mr. DOWNEY, Mr. DUNCAN Of aid entitlement of the local educational Rebuilding and Development Bank, to pro­ Tennessee, Mr. EDGAR, Mr. FLOOD, Mr. agency having Jurisdiction over such school, vide for a long-range program to assist in GEPHARDT. Mr. HAWKINS, Mr. and for other purposes; to the Committee on assuring decent neighborhoods for all citi­ HOWARD, Mr. KILDEE, Mr. LAGOMAR­ Education and Labor. zens, and for other purposes; to the Com­ SINO, Mr. MOAKLEY, Mr. MOTI'L, Mr. H.R. 1434. A bill to amend title II of the mittee on Banking, Finance and Urban MURPHY of New York, Mr. OTTINGER, Social Security Act to provide that an in­ Affairs. Mr. PEASE, Mr. PURSELL, Mr. RoDINO , dividual may qualify for disab1lity insurance H.R. 1446. A bill to authorize grants to Mr. ST GERMAIN, Mrs. SCHROEDER, benefits and the disability freeze if he has States for the establishment of vision screen­ Mrs. SPELLMAN, Mr. WOLFF, and Mr. 40 quarters of coverage, regardless of when ing programs for public school students; to YATRON): such quarters were earned; to the Committee the Committee on Education and Labor. H.R. 1421. A bill to authorize the Secretary on Ways and Means. H.R. 1447. A bill to provide for increased of Housing and Urban Development to make By Mr. PERKINS: international control of the production of, grants to local agencies for converting closed and traffic in, opium, and for other pur­ H .R. 1435. A bill to establish a program for poses; to the Committee on International school buildings to efficient, alternate uses, the inspection of schools for the presence and for other purposes; to the Committee on Relations. of asbestos materials, to provide funds for H.R. 1448. A bill to amend the Foreign Banking, Finance and Urban Affairs. the testing and evaluation of potential haz­ By Mr. MINISH: Assistance Act of 1961 to prohibit the assign­ ards, to create a loan program to assist in ment of international security assistance H.R. 1422. A bill to provide for the regular the containment or removal of imminent management teams, defense attaches, or review of certain Federal agencies and for hazards to health and safety, and for other other U.S. Armed Forces personnel to the the abolition of such agencies after such re­ purposes; to the Committee on Education and Labor. Republic of South Africa; to th-e Committee view unless Congress specifically provides for on International Relations. their continued existence; to the Committee By Mr. PREYER (for himself, Mr. H.R. 1449. A bill to prohibit exports to on Government Operations. GUDGER, Mr. HOLLAND, Mr. JACOBS, the Republic of South Africa under the H .R. 1423. A bill to discourage the use of and Mr.VANDERJAGT): Arms Export Control Act of defense articles painful devices in the trapping of animals H.R. 1436. A bill to suspend until the close or services, to prohibit exports to the Repub­ and birds; to the Committee on Merchant of June 30, 1980, the duty on certain nitro­ lic of South Africa under the Export Ad­ Marine and Fisheries. cellulose; to the Committee on Ways and ministration Act of 1969 of items which H.R. 1424. A bill to increase alternatives Means. might be used for military, law enforcement, to institutionalization for senior citizens; By Mr. QUAYLE {for himself, Mr. ABD­ or internal security purposes, and to pro­ Jointly to the Committees on Interstate and NOR , Mr. ANDERSON of Illinois, Mr. hibit exports to the Republic of South Africa Foreign Commerce, and Ways and Means. BADHAM , Mr. BAFALIS , Mr. CAVA­ under the Atomic Energy Act of 1954 of By Mr. MONTGOMERY (for himself NAUGH , Mr. CONTE, Mr. DANNEMEYER, nucl-ear materials, facilities, and technology; to the Committee on International Rela­ and Mrs. HOLT): Mr. DUNCAN of Tennessee, Mr. FOR­ SYTHE , Mr. GEPHARDT, Mr. GOLD­ tions. H.R. 1425. A bill to amend sections 3686 WATER , Mr. GRISHAM , Mr. GUYER, Mr. H .R. 1450. A bill to provide the Secretary of and 8686 of title 10, United States Code, to HANSEN , Mr. HOLLENBECK, Mr. JEN­ Health, Education and Welfare with the credit certain full-time training duty o~ RETTE , Mr. KILDEE , Mr. LAGOMARSINO, authority to make grants to States and local members of the National Guard; to the Com­ Mr. LEACH of Iowa, Mr. LOWRY, Mr. communities to pay for the costs of eye mittee on Armed Services. MCCLOSKEY, Mr. NOLAN , Mr. O'BRIEN, examination programs to detect glaucoma. H .R. 1426. A bill to a.mend subsection (f) Mr. PANE'ITA, Mr. PRICE, Mr. SCHEUER, for the elderly, to the Committee on Inter­ of section 2024 of title 38, United States Mr. THOMPSON, Mr. WALGREN, Mr. state and Foreign Commerce. Code, to credit certain National Guard full­ WALKER , and Mr. WEISS): H .R. 1451. A bill to amend the Public time training or duty as active duty for train­ H .R. 1437. A bill t o secure and protect the Health Service Act to provide for the estab­ ing; to the Committee on Veterans' Affairs. rights of cit izens and protect the freedom lishment of a. National Sickle Cell Anemia H.R. 1427. A bill to amend section 1333 of of the press; to the Committee on the Judi­ Institute; to the Committee on Interstate title 10, United States Code, relating to re- ciary. and Foreign Commerce. January 24, 1979 CONGRESSIONAL RECORD-HOUSE 1003 H.R. 1452. A bill to direct the Attorney H.R. 1465. A bill to require p·1blic disclo­ scription of certification and approved by a General to establish Special Drug Forces for sure by certain recipients of Federal funds formulary committee, among the items and the purpose of providing temporary emer­ of information required to be ~ept by such services covered under the hospital insur­ gency law enforcement assistance to States recipients as a condition of receiving such ance program; jointly, to the Committees on and local government; to the Committee on funds; to the Committee on Government Ways and Means, and Interstate and Foreign the Judiciary. Operations. Commerce. H.R. 1453. A blll to provide for judicial re­ H.R. 1466. A bill to require candidates for H.R. 1479. A bill to amend title XVIII of form in criminal cases; to the Committee on Federal elective office to resign any elective the Social Security Act to provide coverage the Judiciary. public office the term of which ends after of enterostomal therapy services on the same H.R. 1454. A bill to grant a Federal charter the beginning of the term of such Federal basis as physical therapy services under to the 369th Veterans' Association; to the office before filing in the general election for medicare; jointly, to the Committees on Committee on the Judiciary. such Federal office; to the Committee on Ways and Means, and Interstate and Foreie:n H.R. 1455. A bill to repeal the provisions House Administration. Commerce. of the Postal Reorganization Act and to re­ H.R. 1467. A bill to encourage the use of H.R. 1480. A bill to amend title XVIII of enact the former provisions of title 39, United alcohol in motor vehicle fuels by requiring the Social Security Act to authorize payment States Code; to the Committee on Post Office certain retailers to make alcohol-blended under the medicare program for certain serv­ and Civil Service. fuels available for sale, by allowing the rapid ices performed by chiropractors; jointly, to H.R. 1456. A bill to amend title 13, United amortization of facilities producing alcohol the Committees on Ways and Means, and States Code, to require the Secretary of Com­ for use in motor vehicle fuels, and by exempt­ Interstate and Foreign Commerce. merce to conduct surveys to determine the ing alcohol-blended fuels from certain re­ By Mr. BEDELL: number of individuals not counted by each quirements of the Clean Air Act; jointly, to H.R. 1481. A bill to require the Secretary census, to require Federal agencies using the Committees on Interstate and Foreign of the Army to establish a schedule of user census data for Federal assistance formulas Commerce, and Ways and Means. charges to be paid by the owner or operator to take into account data from such surveys, H.R. 1468. A bill to amend title 5 and title of any shallow-draft cargo vessel using any and for other purposes; to the Committee on 44, United States Code, to lengthen the time inland waterway of the United States, and Post Office and Civil Service. period between the publication of a Federal for other purposes; jointly, to the Commit­ H.R. 1457. A bill to amend the Tariff rule and the effective date of such rule, and tees on Public Works and Transportation, Schedules of the United States to prohibit the time period between the publication o:t and Ways and Means. the importation of coal and of certain articles notice of a hearing and the beginning of By Mr. CONTE: of uranium, if the product of the Union of such hearing; to the Committee on the H.J. Res. 149. Joint resolution calling for South Africa; to the Committee on Ways and Judiciary. Means. an immediate moratorium on the killing of H.R. 1458. A bill to provide for greater in­ H.R. 1469. A bill to amend section 1951, the eastern t.imber wolf; to the Committee dependence for Federal independent regula­ title 18, United States Code, act of July 3, on International Relations. tory agencies by prohibiting an individual 1946; to the Committee on the Judiciary. H.J . Res. 150. Joint resolution proposing paid under the Executive Schedule from H.R. 1470. A bill to authorize the Secretary an amendment to the Constitution to pro­ serving within the same year with both a of the Treasury to reimburse State and local vide for the direct popular election of the Federal independent regulatory agency and law enforcement agencies for assistance pro­ President and Vice President of the United an Executive agency other than an inde­ vided at the request of the U.S. Secret Serv­ States; to the Committee on the Judiciary. pendent regulatory agency, and for other ice; to the Committee on the Judiciary. H.J. Res. 151. Joint resolution proposing purposes; jointly, to the Committees on the H.R. 1471. A bill to amend the Marine Mam­ an amendment to the Constitution of the Judiciary and Post Office and Civil Service. mal Protection Act of 1972 in order to pro­ United States to vest the Congress with the By Mr. RICHMOND (for himself, Mr. hibit the issuance of general permits there­ power to disapprove reprieves and pardons ADDABBO, Mr. AUCOIN, Mr. BONER of under which authorize the taking of marine granted by the President; to the Committee Tennessee, Mr. BUCHANAN, Mr. mammals in connection with commercial on the Judiciary. COELHO, Mr. CONYERS, Mr. EDGAR, fishing operations, and for other purposes: H.J . Res. 152. Joint resolution designating Mr. FORD of Tennessee, Mr. GEP­ to the Committee on Merchant Marine and "Anne Sullivan Week"; to the Committee on HARDT, Mr. HOLLENBECK, Mr. HUGHES, Fisheries. Post Office and Civil Service. Mr. LEE, Mr. LOWRY, Mr. MAGUIRE, H.R. 1472. A bill to make Flag Day a legal H.J. Res. 153. Joint resolution asking the Mr. MINETA, Mr. MITCHELL of New public holiday; to the Committee on Post President of the United States to declare the York, Mr. MURPHY of Pennsylvania, Office and Civil Service. fourth Saturday of each September National Mr. PEPPER, Mr. RAHALL, Mr. ROSEN­ H.R. 1473. A bill to amend the Internal Hunting and Fishing Day; to the Committee THAL, Mr. SCHEUER, Mr. SENSEN­ Revenue Code of 1954 to exclude from gross on Post Office and Civil Service. BRENNER, Mr. SoLARZ, and Mrs. income $500 of interest on savings in the H.J. Res. 154. Joint resolution to authorize SPELLMAN): case of an individual taxpayer; to the Com­ the President of the United States to desig­ H.R. 1459. A bill to provide an opportunity mittee on Ways and Means. nate "National Ski Week"; to the Committee for taxpayers to make financial contribu­ H.R. 1474. A bill to amend the Internal on Post Office and Civil Service. tions, in connection with the payment of Revenue Code of 1954 to provide that the By Mr. EDWARDS of Alabama: their Federal income tax, for the advance­ first $5,000 of an individual's civil service H.J. Res. 155. Joint resolution authorizing ment of the arts and the humanities; jointly, retirement annuity (or other Federal retire­ the President to proclaim the week of Oc­ to the Committees on Ways and Means, and ment annuity) shall be exempt from income tober 7 through October 13, 1979, as "Na­ Education and Labor. tax; to the Committee on Ways and Means. tional Stamp Collecting Week"; to the Com­ By Mr. ST GERMAIN: H.R. 1475. A bill to provide that individuals mittee on Post Office and Civil Service. H.R. 1460. A bill to amend the Food Stamp who retire:! on disability before October 1, By Mr. HAMMERSCHMIDT: Act of 1977 to provide for the acceptance 1976, shall be entitled to the exclusion for H.J. Res. 156. Joint resolution proposing by pharmacies of food stamps in exchange disability payments under section 105(d) of an amendment to the Constitution of the for food supplements prescribed for con­ the Internal Revenue Code of 1954 without United States with respect to the offering of sumption by cancer patients; to the Com­ regard to the income limitation in such sec­ prayer in public buildings; to the Committee mittee on Agriculture. tion, and for other purposes; to the Com­ on the Judiciary. By Mr. YOUNG of Alaska: mittee on Ways and Means. H.J. Res. 157. Joint resolution to desig­ H.R. 1461. A bill to amend the Trade Act H.R. 1476. A blll to amend title 5 of the nate the week commencing with the third of 1974; to the Committee on Ways and Monday in February of each year as "Na­ Means. United States Code to establish a uniform procedure for congressional review of agency tional Patriotism Week"; to the Committee By Mr. YOUNG of Florida: rules which may be contrary to law or in­ on Post. Office and Civil Service. H.R. 1462. A bill to amend title 10 of the consistent with congressional intent, to ex­ By Mr. !CHORD: United States Code in order to provide that pand opportunities for public participation H.J. Res. 158. Joint resolution proposiJ].g no veteran may be denied care or treatment in agency rulemaking, and for other pur­ under the CHAMPUS program for any serv­ an amendment to the Constitution of the ice-connected disability solely because care poses; jointly, to the Committees on the United States relating to the term of Office or treatment for such disability is available Judiciary, and Rules. of President and Vice President of the United at Veterans' Administration medical facili­ H.R. 1477. A bill to require the Secretary States; to the Committee on the Judiciary. ties; to the Committee on Armed Services. of Transportation to prescribe regulations By Mr. MINISH: H.R. 1463. A bill to terminate age dis­ requiring certain modes of public transporta­ H.J. Res. 159. Joint resolution to authorize crimination in employment; to the Commit­ tion in interstate commerce to reserve some the President to proclaim the last Friday of tee on Education and Labor. seating capacity for passengers who do not April each year as National Arbor Day; to H.R. 1464. A bill to require that the U.S. smoke; jointly, to the Committees on Public the Committee on Post Office and Civil Government prepare and make public annual Works and Transportation, and Interstate Service. consolidated financial statements utilizing and Foreign Commerce. By Mr. QUAYLE: the accrual method of accounting, and for H.R. 1478. A bill to amend titles II and H.J. Res. 160. Joint resolution proposing other purposes; to the Committee on Gov­ XVIII of the Social Security Act to include an amendment to the Constitution of the ' ernment Operations. qualified drugs, requiring a physician's pre- United States to change the terms of office 1004 EXTENSIONS OF REMARKS January 24, 1979 !or the President, the Vice Preside.nt, and of the House of Representatives to estab­ By Mr. PEASE: Members of Congress, and to establish a 10- lish the Committee on Internal Security, H.R. 1489. A bill for the relief of In Sun year term of office for Federal judges; to the and for other purposes; to the Committee on Pineiro; to the Committee on the Judiciary. Committee on the Judiciary. Rules. By Mr. RANGEL: By Mr. RANGEL: By Mr. SOLARZ (for himself and Mr. H.R. 1490. A bill for the relief of Antoine.tte H.J. Res. 161. Joint resolution designating WAXMAN): Slovik; to the Committee on the Judiciary. the second Sunday in June of each year as H. Res. 67. Resolution in recognition of the By Mr. UDALL: "Children's Day"; to the Committee on Post services of Haym Salomon; to the Commit­ H.R. 1491. A bill for the relief of Josephine Office and Civil Service. tee on Post Office and Civil Service. Graff; to the Committee on the Judiciary. By Mr. EDWARDS of Alabama: By Mr. YOUNG of Florida: H.R. 1492. A bill for the relief of Roy A. H. Con. Res. 30. Concurrent resolution re­ H. Res. 68. Resolution to amend the Rules Timpson; to the Committee on the Judiciary. lating to the authority of the Federal Trade of the House of Representatives to establish By Mr. YOUNG of Florida: Commission to prescribe rules preempting the Committee on Internal Security, and for H.R. 1493. A bill to authorize the President State and local laws; to the Committee on H. Res. 69. Resolution to create a select to appoint Capt. John E. Tsavaris, U.S. Navy Interstate and Foreign Commerce. committee to audit accounts of committees, Reserves retired, to the grade of rear admiral By Mr. SIMON: Members, and officers of the House of Rep­ on the Reserves retired list; to the Commit­ H. Con. Res. 31. Concurrent resolution ex­ resentatives; to the Committee on Rules. tee on Armed Services. pressing the sense of the Congress with re­ spect to establishing diplomatic relations with the People's Republic of China and PRIVATE BILLS AND RESOLUTIONS ADDITIONAL SPONSORS continuing the ties of friendship between the United States and Taiwan; to the Com­ Under clause 1 of rule XXII, private Under clause 4 of rule XXII, sponsors mittee on International Relations. bills and resolutions were introduced and were added to public bills and resolutions By Mr. YOUNG of Florida: severally referred as follows: as follows: H. Con. Res. 32. Concurrent resolution ex­ By Mr. CONTE: H.R. 30: Mr. RUDD. pressing the sense of Congress that each H.R. 1482. A bill for the relief of Nicolae H.R. 154: Mr. DANIELSON and Mr. LEWIS. Federal agency should periodically review A. Popovici; to the Committee on the Judi­ and revise all its lists of persons to whom ciary. H.R. 596: Mr. ANDREWS of North Dakota, printed materials are mailed by such agency H.R. 1483. A bill for the relief of Febe Mr. APPLEGATE, Mrs. BOUQUARD, Mr. CLINGER, for the purpose of insuring that such lists Antolin Rumingan; to the Committee on the Mr. COLLINS of Texas, Mr. DELLUMS, Mr. DUN­ contain only the names of persons who are Judiciary. CAN of Tennessee, Mr. EVANS of Georgia, Mr. still i.nterested in receiving such materials; H.R. 1484. A bill for the relief of Guillermo FORSYTHE, Mr. GUDGER, Mr. GUYER, Mr. HILLIS, to the Committee on Government Opera­ 0. Rumingam; to the Committee on the Mrs. HOLT, Mr. HOWARD, Mr. HUBBARD, Mr. tions. Judiciary. HYDE, Mr. !CHORD, Mr. JOHNSON of California, H. Con. Res. 33. Concurrent resolution call­ By Mr. HAMMERSCHMIDT: Mr. KINDNESS, Mr. LAFALCE, Mr. LUNDINE, Mr. ing for full freedom and independence for H.R. 1485. A bill for the relief of John H. MADIGAN, Mr. MATHIS, Mr. McCORMACK, Mr. the Baltic States; to the Committee on In­ Parker; to the Committee on the Judiciary. MILLER of Ohio, Mr. MINETA, Mr. NEDZI, Mr. ternational Relations. By Mr. HUTTO: NOWAK, Mr. PATTEN, Mr. ROBINSON, Mr. By Mr. CONTE: H.R. 1486. A bill for the relief of Lamom SIMON, Mr. SKELTON, Mrs. SPELLMAN, Mr. H. Res. 64. Resolution to amend rule XI Petersen and Dang Petersen: to the Com­ STANGELAND, Mr. STEED, Mr. STOCKMAN, Mr. of the Rules of the House of Representa­ mittee on the Judiciary. STUDDS, Mr. TAYLOR, Mr. VAN DEERLIN, Mr. tives to eliminate proxy voting in commit­ By Mr. !CHORD: WHITEHURST, Mr. WHITLEY, Mr. CHARLES WIL­ tees; to the Committee on Rules. H.R. 1487. A bill for the relief of Luis SON of Texas, Mr. WYATT, Mr. YATRON, Mr. Acosta, doctor of medicine, Nereida Acosta, By Mr. EDWARDS of Alabama: DAVIS of South Carolina, Mr. PERKINS, and H. Res. 65. Resolut10n providing for the Julie Acosta, and Juan Carlos Acosta; to the Mr. EDGAR. Committee on the Judiciary. establishment of a Select Committee on Nar­ H.R. 829: Mr. ADDABBO, Mr. BEVILL, Mr. HOL­ cotics Abuse and Control; to the Committee By Mr. MOORHEAD of California: LAND, Mr. WHITEHURST, Mr. MURPHY of Penn­ on Rules. H.R. 1488. A bill for the relief of Vista Un­ sylvania, Mr. WoN PAT, Mr. WINN, Mr. HOL­ By Mr. HAMMERSCHMIDT: limited, Incorporated; to the Committee on LENBECK, Mr. PRICE, and Mr. LONG of Mary­ H. Res. 66. Resolution to amend the Rules Ways and Means. land.

EXTENSIONS OF REMARKS

THE WHY AND HOW OF OUR fines inflation, identifies the cause, and labors of production and then trade the re­ INFLATION tells how to stop it. If Professor Greaves sults of our specialized contributions with is correct, and I believe him to be, this the help of a medium of exchange called Congress can by following his recom­ money. HON. LARRY McDONALD mendations put an end to inflation, and If we were all perfect we would all operate OF GEORGIA in the marketplace in accordance with the do it now. The article follows: Golden Rule. The more we contributed to our IN THE HOUSE OF REPRESENTATIVES THE WHY AND How OF OUR INFLATION fellow men, through market processes, the Tuesday, January 23, 1979 'Tis human for all people to want more more we would receive in return. The results than they have. We may want more for our­ would be easier, happier, and longer lives e Mr. McDONALD. Mr. Speaker, selves-for our better health, convenience, for all of us. prompted by the budget message of the pleasure, or even to survive in our old age. In real life, none of us is perfect. We all President that we received this week, I We may also want more for our loved ones, make mistakes. Many are innocent. Most of would commend to the attention of my for the more unfortunate, or even for a group these are due to lack of knowledge or under­ colleagues a thoughtful and discerning or cause we should like to assist. standing of the consequences of our actions. article entitled "The Why and How of In fact, our every action is an attempt to Other mistake::. are not so innocent. These Our Inflation," by Percy L. Greaves, Jr. improve the future from our personal point are the occasions when people resort to force that appeared in the nationally distrib­ of view. Our entire life is an effort to select or fraud in their dealings with others. Such and carry out those actions which will, in human deviations from moral behavior often uted news magazine, the Review .of the our judgment and within our limited abil­ lead to violence, with resulting injuries and News on December 20, 1978. ities, best provide the kind of tomorrows we even death for thousands, if not millions, of Percy Greaves, a former financial edi­ prefer. If we cannot produce the things we innocent people. tor of the U.S. News and respected mem­ want most, we strive to contribute to the Mutually profitable transactions can only ber of the staffs of numerous congres­ marketplace those goods and services for take place in a peacefu! atmosphere in which sional committees, is the author of "Un­ which others will voluntarily pay us a good everyone feels that both their person and derstanding the Dollar Crisis" and the price. property are safe from anti-social actions. foremost expert on the monetary anal­ This is the way of a free society. Barring Unfortunately, there are some who will re­ force, fraud, or human error, everyone in­ sort to force and fraud. Consequently, we ysis of the great conservative economist, creases his or her satisfaction (i. e., profits) need some means to eliminate or minimize Prof. Ludwig von Mises. by every voluntary transaction. If we did not all human threats to our lives, limbs, and In this article on our present financial expect to gain from a transaction, we would private property. Free men assign this duty crisis, Professor Greaves succinctly de- not participate in it. We thus divide the to government.

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.