September 12, 1979 CONGRESSIONAL RECORD - SENATE 24125 recruits a.re lining up to enlist in one's cru­ and insurance boards, provision of basic And if they cannot set their fees they cannot sade, one turns to coercion. But why a.re ·services by nurses or paraprofessionals. Until demand more money !or working in places they not lining up? Not because there a.re recently government has been totally com­ and at specialties that seem less desirable not enough lawyers-indeed, many lawyers pliant. Now when it is apparent that the to them. So compulsory assignments would find it ha.rd to obtain employment and dream of equal access cannot be achieved at again be the inevitable resort of planners thousands leave the practice every year or anything less than staggering cost, the re­ who can neither persuade nor pay workers n.ever enter it after graduating from law flex of the health care ideologues has not to go along with their schemes. Indeed, since school. So the bodies a.re there, but the pay been to reexamine the dream to see if any­ we a.re a larger, richer, more ornery na.tiou and conditions of work seem unattractive, one really wants its fulfillment enough to than Great Britain (for example), I doubt even compared to alternatives outside the pay his share. Nor yet is it their reflex to that a private practice option could be kept profession. Presumably, if society believed break the monopoly power of the medical within limits here. Patients would have to that the service the Na.derites envisage were profession in order to allow organized groups be forced to accept their medical care sole­ indeed essential, it could offer (from tax of consumers-such as employers, labor ly from the single national provider. Healing revenues) salaries to attract persons to it, unions, fraternal groups-to shop around acts between consenting adults would have but obviousiy no one believes that the publlc for the level of ca.re their members desire, to be made illegal, unless approved by th" would be willing to tax itself toward this delivered at competitive prices. government. end. Thus, though Marvin Frankel is con­ No, such a strategy might show that ditier­ The menace is real. Egalitarian ideals, to­ vinced that universal equal access to legal ent people really do differ in their prefer­ gether with an understandable reluctance counsel is essential, the voters and tax­ ences for health ca.re (when faced with the to pay or ask one's supporters to pay the payers in our democracy probably a.re not­ true costs and real alternatives), and this cost of these idea.ls, make the temptation to a.t lea.st not enough to pay for it. would undermine the plausibility of arguing resort to conscription-to personal compul­ The political thrust for conscription of for one level of health care for everyone. And sion-almost irresistible. It starts with the doctors is similar but its environment much so while ten and twenty yea.rs ago poli­ doctors, goes on to the lawyers, and even­ more complex. Although reasonable salaries ticians failed to work for a competitive re­ tually gets to all young people so that the could probably ruttract young lawyers to any gime in health care out of fear of the medi­ rest of us can have an army without really interesting, useful line of legal work, doc­ cal profession's political power, today that paying for it. Then perhaps we would con­ tors seem to be able to create lucrative prac­ same failure may perhaps be traced to the script teachers, and finally we would find tices in the same overserved desirable loca­ threat that a free market spells to the very that everybody is so useful, or so. unique, or tions almost ad lib. The reason, of course, is plausibil1ty of egalitarian slogans. so much affected with a public interest, that doctors (far more even than lawyers) But, financing apart, obviously any Gleich­ that we all may be drafted into the service have operated for generations as a conspiracy schaltung (or bringing into line) of all parts of the state. Which only demonstrates once in restraint of trade, systematically resisting of he·alth care provision would require mas­ a.gain that whoever finds arguments to jus­ institutions like pre-pa.id health plans, inter­ sive doses of compulsion at every level. Doc­ tify the loss of his fellow citizen's liberty ls state licensing, consumer control of hospital tors could not be allowed to set their !ees. destined to lose his own.e

SENATE-Wednesday, September 12, 1979 (Legislative day of Thursday, June 21, 1979) The Senate met at 1 p.m., on the ex­ U.S. SENATE, RECOGNITION OF THE MINORITY piration of the recess, and was called to PRESIDENT PRO TEMPORE, LEADER order by Hon. DAVID L. BOREN, a Senator Washington, D.C., September 12, 1979. from the State of . To the Senate: The ACTING PRESIDENT pro tem­ Under the provisions of rule I, section 3, pore. Under the previous order, the mi­ of the Standing Rules o! the Senate, I hereby PRAYER nority leader is recognized. appoint the Honorable DAVID L. BOREN, a Mr. BAKER. Mr. President, I would The Chaplain, the Reverend Edward Senator from the State of Oklahoma, to per­ form the duties of the . use my time only to ascertain that there L. R. Elson, D.D., offered the following WARREN G. MAGNUSON, has not been a coup in the Democratic prayer: President pro tempore. Caucus and to be reassured on that point Let us pray. Mr. BOREN thereupon assumed the and that it not be habit forming. God of our fathers and our God, grant chair as Acting President pro tempore. I have no need for my time and I yield us a vision of this land strong in the it back. things of the spirit, fulfilled in justice Mr. CRANSTON. There has not been. and peace for all our citizens. May the RECOGNITION OF THE ACTING complex, stubborn, pressing problems of MAJORITY LEADER I am not certain whether Senator TsoNGAs desires to use his time or not, the hour yield to the efforts of those The ACTING PRESIDENT pro tem­ and I suggest the absence of a quorum. whom we have set in authority over us. pore. Under the previous order, the ma­ Mr. BAKER. Before that is done, if the Deliver us from the fear and anxiety jority leader is recognized for .not to ex­ which dissipate energy and weaken the acting majority leader does .not yield ceed 5 minutes. The Senator from Cali­ back his time, I will reserve my time. will. Give us confidence, strength, and fornia is recogriized on behalf of the wisdom to strive unceasingly for a world majority leader. Mr. CRANSTON. I yield back my time. better than in the . Mr. BAKER. I yield back my time. May Thy gracious spirit of wisdom and The ACTING PRESIDENT pro tem- mercy, of truth and justice abide with THE JOURNAL pore. The clerk will call the roll. the President and all who govern this Mr. CRANSTON. Mr. President, I ask The assistant legislative clerk pro­ Nation. Help us all to pray, to think, to unanimous consent that the Journal of ceeded to call the roll. act for the welfare of the whole Nation the proceedings be approved to date. Mr. CRANSTON. Mr. President, I ask and for the comm001 good of all man­ The ACTING PRESIDENT pro tem­ unanimous consent that the order for kind. pore. Without objection, it is so ordered. the quorum call be rescinded. In the name of the Lord, we pray. The ACTING PRESIDENT pro tem­ Amen. ORDER OF BUSINESS pore. Without objeotion, it is so ordered. APPOINTMENT OF ACTING PRESI­ Mr. CRANSTON. A note for the rec­ ord: The special order to Senator BENT­ ORDER OF BUSINESS DENT PRO TEMPORE SEN has just been declined by Senator The PRESIDING OFFICER. The clerk BENTSEN. Mr. CRANSTON. Mr. President, the will please read a communication to the I reserve the remainder of the time Senator from Massachusetts

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 24126 CONGRESSIONAL RECORD - SENATE September 12, 1979 Members on the floor. I take it there is dent, I ask for the yeas and nays on drieu, of Louisiana, to be Secretary of no need for time, and I believe there is both nominations. Housing and Urban Development. not, and I thank the acting majority The ACTING PRESIDENT pro tem­ Mr. ROBERT C. BYRD. Mr. President, leader. pore. Is there a sufficient second? There I suggest the absence of a quorum. is a suffi(\ient second. The PRESIDING OFFICER. The clerk The yeas and nays were ordered. will call the roll. ORDER VITIATING ORDERS FOR Mr. ROBERT C. BYRD. Mr. Presi­ The second assistant legislative clerk THE RECOGNITION OF MR. BENT­ dent, I suggest the absence of a quorum. SEN AND MR. TSONGAS proceeded to call the roll. The ACTING PRESIDENT pro tem­ Mr. WARNER. Mr. President, I ask The ACTING PRESIDENT pro tem­ pore. The clerk will call the roll. unanimous consent that the order for pore. Without objection, the orders for The assistant legislative clerk proceed­ the quorum call be rescinded. the Senator from Massachusetts and the ed to call the roll. The PRESIDING OFFICER. Without Senator from Texas will be vitiated. Mr. ROBERT C. BYRD. Mr. Presi­ objection, it is so ordered. dent, I ask unanimous consent that the Mr. WARNER. Mr. President, I would order for ·the quorum call be rescinded. like to speak on behalf of Moon Landrieu, RECESS SUBJECT TO THE CALL OF The ACTING PRESIDENT pro tem­ the President's nominee for the position THE CHAIR pore. Without objection, it is s·o ordered. of Secretary of Housing and Urban De­ Mr. CRANSTON. Mr. President, I move Mr. ROBERT c. BYRD. Mr. Presi­ velopment. that the Senate stand tn recess subject dent, I ask unanimous conseillt tID.at the I had the privilege during the years to the call of the Chair. votes on the nominations be reversed 1975 and 1976 to form a very close friend­ The motion was agreed to; and at 1 :05 from that which was ordered. In other ship with this distinguished American. p.m. the Senate recessed subject to the words, the vote on Mr. Janis would oc­ This was the era immediately preceding call of the Chair; whereupon, at 1: 48 cur ait 2:45, and the vote on Mr. Lan­ the celebration of America's Bicenten­ p.m. the Senate reassembled when called drieu would occur at 3 o'clock. nial. At that time, the nominee was to order by the Acting President pro tem· The ACTING PRESIDENT pro tem­ mayor of New Orleans and, also, was pore (Mr. BOREN). pore. Without objection, it is so ordered. holding the prestigious position of Presi­ dent of the National Conference of UNANIMOUS-CONSENT AGREEMENT ORDER FOR ROUTINE MORNING Mayors. BUSINESS Moon Landrieu stepped forward and Mr. ROBERT c. BYRD. Mr. Presi­ helped provide credibility to America's dent, I ask unanimous consent that at Mr. ROBERT c. BYRD. Mr. President, Bicentennial. He became a national Bi­ 2:30 p.m. today, the Senate go into exec­ I ask unanimous consent that there be a centennial leader. He traveled through­ utive session to consider the nomina­ brief period for the transaction of rou­ out the United States. As a matter of tions of Mr. Moon Landrieu to be Sec­ tine morning business, not to extend fact, he never missed a single meeting retary of Housing and Urban Develop­ beyond 20 minutes, and that Senators that was scheduled by the National Con­ ment and Mr. Jay Janis to be a member may be permitted to speak therein up to ference of Mayors to advise local com­ of the Fedeml Home Loan Bank Board; 5 minutes each. munities with respect to organizing their that at 2 :45 p.m. a vote occur on the The PRESIDING OFFICER. Without Bicentennial programs. nomination of Mr. Landrieu; that upon objection, it is so ordered. His lovely wife, Verna, was chairman the disposi-tion of that nominaJtion, the of the Bicentennial in New Orleans, and vote occur immediaitely on the nomina­ QUORUM CALL together with their 11 children they tion of Mr. Janis; that upon the disposi­ made it a family affair, not only in New tion of that nomination, the Sen'alte re­ Mr. ROBERT C. BYRD. Mr. President, Orleans, but, by their presence and dedi­ turn to legislative session, it being un­ I suggest the absence of a quorum. cation, throughout the United States. derstood that these will be rollC!all votes. The ACTING PRESIDENT pro tem­ Moon Landrieu was on the original I ask unianimous consent thaJt it be pore. The clerk will call the roll. Bicentennial Communities Planning in order at any time to order the yeas The assistant legislative clerk pro­ Committee which laid down gu'ldelines and nays on both nominations with one ceeded to call the roll. for communities across the Nation to show of seconds. plan their Bicentennial, but plan it in Mr. BAKER. Mr. President, reserving Mr. ROBERT C. BYRD. Mr. President, such a way that it was more than pa­ the right to object-and I will not ob­ I ask unanimous consent that the order rades and banners and just excitement. ject-we have no objection to proceed­ for the quorum call be rescinded. It was his idea that each community ing to the consideration of these nomina­ The PRESIDING OFFICER. Without should have a lasting, permanent re­ tions. There are no notations on this objection, it is so ordered. minder of this period of history. side in opposition to the confirmation of Through his vision, and others on that these nominaitions. committee, over 13,000 communities in I might take thi'S ·opportunity, ·though, CONCLUSION OF MORNING America gained recognition and proudly to ask the distinguished majority lead­ BUSINESS flew the Nation's Bicentennial flag. er if he can give us any further insight The PRESIDING OFFICER. Time for He also addressed this resPonsiblltty into the schedule of other activities for morning business has expired. in a bipartisan manner and encouraged, the Senate for the remainder of the in particular, ethriic participation. day, particul'arly with refe.rence to the I am sure that Moon Landrieu is too second concurrent budget resolution. EXECUTIVE SESSION modest to bring these facts to my col­ Mr. ROBERT c. BYRD. It is my hoPe leagues in the Senate, and I am privi­ that we can proceed withs. 14 during the The PRESIDING OFFICER. Under the leged to do so, just moments before his remainder of the afternoon, but I am not previous order, the Senate will now go name will be considered. He displayed sure whether all parties will be prepared into executive session to consider nom­ to America, to me, .and to many others to go with that measure this afternoon. inations. the type of leadership that the Nation In answer to the minority leader, the The Senate proceeded to the consider­ needs now in this very important Cab­ Senate would not then proceed to the ation of executive business. inet post. consideration of the second concurrent The PRESIDING OFFICER. The nom­ Quite frankly, I congratulate the budget resolution today. inations will be stated. President on this nomination. I encour­ Mr. BAKER. I thank the majority age my colleagues to vote favorably. leader. e Mr. WIILIAMS. Mr. President, I rise Mr. ROBERT c. BYRD. But I am not FEDERAL HOME LOAN BANK BOARD in support of the Senate's confirmation sure we can proceed to S. 14 until we AND DEPARTMENT OF HOUSING of Moon Landrieu as Secretary of Hous­ coilltact an parties. AND URBAN DEVELOPMENT ing and Urban Development. The ACTING PRESIDENT pro tem­ . The second assistant legislative clerk As chairman of the Subcommittee on pore. Is there objection? The Chair hears read the nominations of Jay Janis, of Housing and Urban Affairs. I am partic­ none, and it is so ordered. Florida, to be a member of the Federal ularly pleased to recommend his con­ Mr. ROBERT c. BYRD. Mr. Pres!- Home Loan Bank Board; and Moon Lan- firmation by this body. I belleve he will September 12, 1979 CONGRESSIONAL RECORD - SENATE 24127 be a strong and active advocate for the Dole Kassebaum Randolph Morgan Rlbicoft' StewM't Domenici Kennedy Ribicoft' Moynihan Riegle Stone housing needs of all Americans, and for Durenberger Laxalt Riegle Muskie Roth Thurmond the revitalization needs of our cities. Durkin Leahy Roth Nelson Sarbanes Tower Mr. Landrieu has noteworthy quali­ Eagleton Levin Sarbane11 Nunn Sasser Tsongas Exon Lugar Sasser Packwood Schmitt Wallop fications to serve as spokesman for the Ford Magnuson Schmitt Pell Schweiker Warner housing and urban development needs Garn Mathias Schweiker Percy Simpson Weick er of this country. As mayor of New Goldwater Matsunaga Simpson Pressler Staft'ord Williams Orleans, he enjoyed a record as a. tire­ Gravel McClure Stafford Proxmire Stennis Young Hart McGovern Stennis Pryor Steviens Zorinsky less administrator, who strived to restore Hatch Melcher Stevens Randolph Stevenson the economic vitality of his community Hatfield Metzenbaum Stevenson NAYS-0 without sacrificing its unique ties to the Hayakawa Morgan Stewart Heflin Moynihan Stone NOT VOTING-3 past. New Orleans is a city that has suf­ Heinz Muskie Thurmond fered from many of the same symptoms Helms Nelson Tower Glenn Inouye Talmadge of economic distress, and the same dif­ Hollings Nunn Tsongas So the nomination was confirmed. ficulties in providing decent housing as Huddleston Packwood Wallop Humphrey Pell Warner Mr. CRANSTON. Mr. President, I move many of our older Northeastern cities. Jackson Percy Weick er to reconsider the vote by which the nomi­ Moon Landrieu has helped New Orleans Javits Pressler Williams nation was confirmed. come to grips with and make creditable Jepsen Proxmire Young Johnston Pryor Zorinsky Mr. SARBANES. I move to lay that progress on these programs. motion on the table. As president of the U.S. Conference of NAYS--0 The motion to lay on the table was Mayors, he worked for a national com­ NOT VOTING-5 agreed to. mitment to help preserve our cities as a Bl den Inouye Talmadge Mr. CRANSTON. I move that the fundamental and vital link in the struc­ Glenn Long President be appropriately notified of the ture of our society. This kind of experi­ So the nomination was confirmed. confirmation of these nominations. ence has helped Mr. Landrieu achieve a Mr. ROBERT c. BYRD. Mr. President, The motion was agreed to. perceptive vision of the underlying prob­ I move to reconsider the vote by which lems of urban Amerfoa, as well as a the nomination was confirmed. f amlliarity with HUD programs designed Mr. EAGLETON. I move to lay that to help solve these problems. motion on the table. LEGISLATIVE SESSION I believe that Mr. Landrieu will be a The motion to lay on the table was The PRESIDING OFFICER. Under the worthy successor to Patricia Harris, who agreed to. previous order, the Senate will return deserves great credit for her work to im­ Mr. ROBERT C. BYRD. Mr. President, to legislrutive session. prove housing in this country, and for I ask that the President be notified of her active advocacy on behalf of the the confirmation of the nomination. cities and the poor. The PRESIDING OFFICER. Without ENERGY SUPPLY ACT-S. 1308 Mr. President, Moon Landrieu came objection, it is so ordered. AMENDMENT NO. 4.21 before our committee not without some degree of controversy over his service as NOMINATION OF MOON LANDRIEU

CHURCHES ARE IMPORTANT paid little, Slavs faced the contempt of na­ and variety of these churches may be enough tive-born Americans and of immigrants who to keep the minute ethnic distinctions be­ Homes have been passed from generation to tween Slavic groups all ve. The South Side generation, and few are for sale to outsiders. arrived before them. "You were just a hunky then," says Anne neighborihood alone has seven nationality The Catholic and Eastern Orthodox nation­ churches within walking distance of each ality churches that each group transplanted Sadowski, a second-generation Ukrainian now in her 50s. As a young girl, Mrs. Sa­ other, including two Polish Roman Catholic with it are stm predominant in the~e com­ churches, a Slavonic Byzantine Rite church munities. Fraternal organizations and social dowski was "jeered at and ridiculed" when she went to Easter Mass carrying the tradi­ and a. Ukrainlan as well as a Russian East­ clubs, such as the Polish Falcons and the ern Orthodox church. Croatian Fraternal Union, as well as folk tional Ukrainian Easter basket filled with festivals and ethnic food stores, provide ad­ intricately hand-painted eggs, and in her PRIESTS FROM THE HOMELAND ditional ties to the past. 20s she lost a job because she refused to While these churches fall under the aus­ All this makes Pittsburgh one of the last change her identifiably Slavic name. pices of either the Roman Catholic of East­ big U.S. cities with distinct European en­ Such bigotry hasn't been forgotten by the ern Orthodox hlera.rohles, each offers serv­ claves. Here, says Arthur Tuden, an anthro­ Slavs of Mrs. Sadowski's generation, or even ices in the old-country language, Jlll',lntains pologist at the University of Pittsburgh, by younger Slavs who ·a.re moving out of old-country rituals and keeps old-country "you can still find neighborhoods where the mills and into white-collar and profes­ culture alive through dance and music everyone is Polish or even where everyone's sional jobs. Many ·admit to feeling pressure classes, festivals and suppers. Most impor­ family comes from the same European vil­ to shed their Slavic identities so as to fit into tant to parishioners, ea.oh church usually lage." the mainstream. But it ls in the old neigh­ has at lea.st one priest from the ancestral That these enclaves have survived so well borhoods that they feel most at home, and homeland. Church would not be church, for so long is partly due to Pittsburgh's many can't fathom the thought of leaving Mrs. Gasparlk says, "without my priest, who geography. The Allegheny and Mononga­ them. speaks beautiful Slovak and understands hela rivers, which meet here to form the "Nine out of ten could afford to move but everything.'' Ohio, split the city into thirds: Downtown they say they don't want to and ask 'Where On the south Side and in other ethnic lies in the triangle formed by the junction of would I go?'" says Michael Weber, an urban nelghborhod here, Slavs routinely tum to the rivers, while the south side lies across historian at Carnegie-Mellon University. Mr. their churches a.nd to each other for help. the Monongahela and the north side across Weber has found that members of ethnic This tradition is rooted in the discrimina­ the Allegheny. The hills that rise above the groups here move to the suburbs at a much tion they once faced in this country. When river banks further separate neighborhoods. slower rate than those in other metropolitan Slavs first arrived here, they formed fraternal For example, one of these enclaves, Polish areas. organizations that, among other things, pro­ Hlll, ls just that: a hilltop accessible only by Those that do move, he says, "often do so vided members with life insurance "because a few steep roads. reluctantly, when they can't find any hous­ no American insurance company would sell The result is a city with clearly marked ing in their old neighborhoods,'' though some to us,'' Mrs. Sadowski says. Today such neighborhood boundaries. "You can't travel third-generation Slavs faced with this prob­ groups, which began by collecting pennies more than five minutes without coming to a lem have actually built homes in their par­ from immigrants, not only still exist but bridge, a tunnel or a steep road," says Bos­ ents' backyards. "My family's here, my thrive as multimUlion-dollar insurance anka Evosevic, "and that's kept residents church ls here, everyone I know is here, firms; 19 of them have their national head­ locked in." Miss Evosevlc ls a lifelong resl­ and I would just die if I had to leave," says quarters here. aent of the south-side neighborhood where Mrs. Gasparlk's daughter Agnes, 50. It ts questionable whether such self-help the Gaspariks live. The neighborhood, too. ls The Gaspariks not only visit each other groups will be needed by members of the called the South Side. dally but also sustain each other econom­ younger generation, who can easily enter a ically and emotionally. Mrs. Gasparik's sons society forbidden to their grandparents. That WHERE THE HEARTH IS save money for the family by doing each thought worries older Slavs, who fear that in Most Pittsburghers, according to a recent other's home-repair and remodeling jobs, moving up in the world, their children may poll, identify far more with their neighbor­ while her daughters care for each other's also move away. "Our children go to college hoods than with the city as a whole. Some children and for her. ··we would never think and come home strangers," complains Mr. seldom venture beyond them; home ls the of putting our mother in a nursing home.'-' Nebolslne of the American Slavic Education South Side or Polish Hill, not Pittsburgh. says daughter A.enes. Society. "They learn the American ideal of Mrs. Gasparlk hasn't made the two-mile trip Though Mrs. Gaspa.rlk is surrounded by the loner, the nomad, which ts totally alien from the South Side to downtown in years. relatives on her block, each da.y one of her to Slavic family life." The steel mllls and coke ovens play a big seven daughters moves in to spend the en­ S•tephen Zupcic ls a third-generation col­ part in preserving the old neighborhoods. As tire day and night. Mrs. Gaspa.rlk likes the lege-educated Slav who was born ln a Croa­ long as the people he.ve worked in the mills arrangement; she wouldn't think of leaving tian neighborhood but now lives ln a more -a pattern that has only recently begun to the home that her husband made sure was aftluent area not far from the University of change-they have stayed close by, in the paid for before he died. "It isn't rich," she Pittsburgh, where he helps run a com­ "mlll town" communities their immigrant says, "but it's my own." munity-affairs program. Today, he says, some ancestors settled in. Such is the case in the SAFE AT 2 A.M. of the values he learned as a ch1ld-such as South Side neighborhood, where many of the All a.round the neighborhood, where house­ "never let anyone know how much money 17 ,000 residents work at Jones & Laughlin wives sweep the sidewalks and wash their you have by dressing well or having a good Steel Corp. Mrs. Gasparlk's home ls only a doorsteps once a week, residents point car"-no longer make sense to him and, in few blocks from J & L's big South Side mill, proudly to their neat wood·en homes and fact, clash with the often opposite values of and several of her sons-in-law work there, gardens with shrines in them, saying theirs his middle-class friends. just as her late husband did. are the best-kept houses in town. "You don't Stlll, like many Slavs who have moved Like the Gasparlks, most residents of see any garbage lying around or dilapidated away, Mr. Zupcic returns to the old Croa­ neighborhoods like the South Side are Slavs. places because people own their own homes, tian neighborhoods for church services, wed­ While the city has its share of Irish, ItaUans so they take ca.re of them." Mrs. Sadowski dings, picnics and christenings aind to shop and other nationalities, nearly 40 percent says, "And it's safe to walk a.round here at at the old stores. "Even though you've left," of Pittsburghers have Slavic surnames. But 2 a.m. because we know each otheT." he says, "you go back and live out your life Slavs here aren't merely Slavs. They are At police staitlon No. 7, Inspector Thomas crises there." Polish Slavs. Slovak Slavs, Slovenians, Ser­ Cunningham agrees that the area ls safe. In fact, Pittsburgh's ethnic neighborhoods bians, Croatians, Bulgarians and a dozen "There's practically no murder, rape or are holding their own-and some may even more Eastern European nationalities that burglary here," he reports. The reason: be facing a resurgence. On the South Side have clung to their distinct ways and are neighborhood stablllty. "At least 80 percent these days, residents discussing the recent quick to note them. to 90 percent of the homes here are owner­ gasoline crunch are applauding their good "Slovaks are gentle, while Croatians are occupled," the inspector says, and they sel­ sense for staying in a neighborhood where you fierce, maybe because they had to fight the dom change hands. don't need a car. "Unlike the suburbanites, Turks in Europe and Ukrainians and Carpa­ Most of the homes were purchased with we're going to survive," Mrs. Sadowski says. tho-Russlans are still feuding, just as they large downpayments and short-term mort­ Mrs. Sadowski's brother, one of those subur­ did in Europe," says Arcadi Nebolslne, presi­ gaiges, says John S. Dzerskl, a vice president banites, has been thinking about moving dent of the American Slavic Education at South Pittsburgh Savings and Loan Asso­ back. So have Mr. Zupcic a.nd his wife, Chris­ Society. ciation. Mr. Dzerski's older Slavic customers tine, who grew up on the South Side and miss COMMON GROUND a.re "so thrift-conscious,'' he says, they they "the closeness between there." e But even feuding Slavs agree that they "reject plastic cards outright" and make have far more in common with each other large down payments "so they won't have a than with anybody else. Certainly the thou­ burden hanging over them.'' HOME HEATING OIL sands of Slavic immigrants, who followed Looming above the homes are the nation­ earlier waves of Irish and Germans here to ality churches and cathedrals, wihlch more • Mr. JOHNSTON. Mr. President, one labor in the mills, shared a similar plight: than any other local institution provide a of our Nation;s major suppliers of home Along with grueling, dangerous work that link to the old country. The sheer number heating fuel, Texaco, Inc., announced 24158 CONGRESSIONAL RECORD-SENATE September 12, 1979 a most commendable and bold response Texaco commenced ma.xlmlzing production such customers. The usual Texaco credit to our home heating on problems. Fri­ ot home heating oil in its United States re­ charge wlll be applled to the latter period. day, Texaco announced that it wfil fol­ fineries on July 10, which was two months Texaco said that lt was offering these ex­ ea.rller than normal. The company has also tended credit terms to its wholesalers in the low a four-point plan in handling home purchased substantial volumes o! home heat­ hope they wm pass them on to the benefit ot heating oils during the remainder of ing oil at prices up to 15 cents a gallon higher their retall customers. 1979. First, the company announced that than its own current wholesale price. These In its announcement, Texaco called at­ it has no present plans to increase its actions, Texaco said, a.re indicative o! the tention to the independent position ot tts current wholesale or retail home heating efforts being made by the company to maxi­ wholesale customers. These wholesalers oil prices through the remainder of the mize its home heating oll supplles. have complete determination and control of year and will make every reasonable ef­ With the conversions taking place from the prices they will charge their customers, heating oll to natural gas, and with the an­ credit terms, hours o! operation and de­ fort to avoid such increases. ticipated conserva.tion efforts by home heat­ livery schedules, and Texaco has no control Second, the company announced that ing oll users, Texaco expects that its supplies over such activities. it wfil make one-time emergency de­ will be adequate to fulfill the essential needs Texaco stated that tt ls making this an­ liveries of home heating fuel from 23 ot its customers. nouncement concerning home heating oll designated respanse centers to any per­ HOME HEATING OIL PRICES to clarity the company's postrtlon with re­ gard to providing this important petroleum son where local authorities have deter­ Texaco also announced that it has no pres­ mined that a real emergency exists that product to its customers. The company ent plans to increase its current prices !or stressed that lt intends to continue to ful­ could endanger life or health. The com­ home heating oll, either to its wholesale or fill its respons1b111ty as a major suppller o! pany wm deliver a minimum of 25 gal­ reta.11 customers. The company said lt ls ma.k­ home heating oll, and hopes that this spe­ lons of heating fuel and will discuss ing every reasonable effort to a.void any price cial, tour-point program wm serve to bridge payment after the delivery, increases in home heating oils tor the re­ a. dlfficul t period by providing additional as­ Third, the company wfil extend 30 mainder or 1979. It, however, unforeseen sistance to customers who might otherwise events occur which ca.use lnordlna.te in­ be confronted with real hardship. days' additional credit to each of its es­ creases tn Texaco's c06ts and expenses, the tablished, qualified wholesale and retail The company's concluding statement company's position would o! course have to stressed that every reasonable a.ctton should customers. be re-examined. be taken to practice conservation. In the Fourth, the company announced that Texaco reported that tts current average future, Tex·a.co said, we must expect in­ its U.S. refineries began to maximize wholesale price tn the United States tor home creased energy costs and tight supplles home heating oil production on July 10, heating oil ts 67 cents a gallon. The current worldwt de. 2 months earlier than usual, and that it spot cargo market price !or home heating NOTE TO EDITORS.-See attached list o! lo­ has been purchasing substantial volumes oll on the U.S. Gui! Coast and in New York cations ot Texaco terminals from which Harbor-that ls, the price Which the com­ emergency dellveries will be made. of home heating oil, often at prices sig­ pany must pay to purchase additional quan­ nificantly higher than its own prices. tities-ls 78 cents a. gallon. Furthermore, such TEXACO HOME HEATING OIL EMERGENCY Therefore, the company stated that it prices in Rotterdam, the European oil market RESPONSE PROGRAM-DESIGNATED AREAS expects to be able to deliver at least 87 center, a.re about $1.02 a gallon. Commenting on its current prices, Texaco 1. Boston, Mass. percent of last year's purchases to each 2. Worcester, Mass. of its customers. stated that heating on prices must include higher costs o! domestic and foreign crude 3. Providence/Pawtucket, R.I. Mr. President, we are all concerned oil, rising manu!a.cturlng and labor expense, 4. New York, N.Y. about the cost and availability of home taxes and the inflationary etTects resulting 5. Hartford/Cromwell, Conn. heating oil during the coming winter. As in substantial increases in other costs and 6. Sea.title, Wash. chairman of the Energy Regulation Sub­ 7. Philadelphia, Pa. expenses, it adequate suppltes are to be 8. Newark, N.J. committee of the Senate Energy and a.va.llable. 9. Baltimore, Md. Natural Resources Committee, I am con­ HOME HEATING OIL EMERGENCY DELIVERY PLAN 10. Fairfax, Va.. (Washington, D.C.) cerned that Government and industry Texaco has developed a plan !or tmmed1- 11. Richmond, Va. act quickly and appropriately concern­ ate response to vedfled emergencies due to 12. Loutsvtlle, Ky. ing the price and availability of home lack or home heating on. In the areas where 13. Minneapolls/St. Paul, Mtnn. heating oil. Certain Government ac­ Texaco operates, tt wm make a one-time 14. Norfolk, Va.. tions, including particularly the recent emergency deltvery to the home of Texaco 15. Pennsauken, N.J. decision to grant $5 per barrel entitle­ home heating oll customers, or to the home 16. Lockport, Ill. (Chicago). ot any other person, where it has been de­ 17. Portland, Oreg. ments to imparted home heating oil are termined by local authorities that a real 18. Denver, Colo. inappropriate-inappropriate because emergencv exists that could endanger Ute or 19. River Rouge (Detroit), Mich. the program will expart U.S. dollars and health. The emergency dellvery would be a 20. Cinctn.na.tt, Ohio. will not result in lower prices for home minimum o! 25 gallons ot home heating oil. 21. Buffa.lo, N.Y. heating oil. Perhapg the announced plan Anticipating that certain dellverles may be 22. Cla.ymont, Del. lby this major domestic supplier will made to home owners who may have dtfft­ 23. E. Peoria, m.e focus our attention on more appropriate culty in making tmmedta.te payment, the governmental respanses to our heating company said payment terms would be de­ oil problems. I encourage other domestic cided after the dellvery has been made. This HIGHWAY AND PUBLIC TRANSPOR­ special emergency service wm be available TATION IMPROVEMENT ACT-S. 1704 suppliers to follow Texaco's lead in an­ day or night when such an emergency has nouncing enlightened responses to the been properly certified to exist. • Mr. WEICKER. Mr. President, for Nation's heating oil problems. The company said the intent ot the plan many years the Congress of the United Mr. President, I ask that the text of was to take care o! people tn a hardship or States has labored loudly but inet!ec­ the following news release announcing emergency situation until other arrange­ tively to develop a strong and equitable the home heating oil program be printed ments could be made. The Company sa.td 1t energy program for this Nation. We have in the RECORD. would make no surcharge tor the dellvery diligently studied the many complex de­ The release follows: costs involved. Only the current retail price tor home heating oll wlll be btlled to the control and deregulation proposals but TJ::uco ANNOtTNCES PLAN l'OR HOME HEATING customer. have reached no solution for energy in­ OIL HOME HEATING OIL CREDIT POLICY dependence. We have most recently WHITE PLAINS, N.Y., September 7.-Texaco Texaco announced that its credit poltcy to shifted our hopes toward synthetic fuels Inc. today announced the following tour­ its established, qualified retail home heat­ and advanced recovery techniques in our polnt plan it will follow in handllng home ing oil customers will continue to be pay­ quest for the magic formula. But in fact, heating olls during the remainder o! 1979: ment within 30 days ot date o! delivery. The we have had trouble identifying the real HOME HEATING OIL StTPPLIES company said tt will extend up to 30 days' issue. The key to our fight against OPEC, Texaco announced that it expects to be additional credit to such customers, with and the key to the door which leads able to make avallable to its home heating its usual credit charge being applied during down the path of energy independence, oil customers at least 87 percent o! the vol­ this latter period. is not simply decontrol, deregulation, or ume o! home heating oil that each purchased. Texaco further announced that tts whole­ synthetic fuel development but is clearly last season. Deliveries are currently being sale credit policy was being modified. Credit made on this basts to Texaco's wholesale and terms tor qualtfied wholesale customers dependent on discipline, sacrifice, and retall customers, the latter being directly wm be 30 days from date ot deltvery. Up to conservation. supplled by Texaco. 30 days of additional credit wlll be offered to on August 3, 1979, I introduced S. September 12, 1979 CONGRESSIONAL RECORD- SENATE 24159 1704, the Highway and Public Trans­ tures, fac111ties, and equipment necessary for shown by the records on November 9, 1921. portation Improvement Act of 1979. Al­ the safe and efficient utmzation of such Thereafter, lt may make like 1 per centum though this legislation is by no means systems". increases in the mileage of its Federal-a.id (5) The definition of "project" is amended primary system whenever provision has been the solution to our energy problems, it by (A) adding after the word "highway" as made for the completion and maintenance represents the recognition of a simple first used in the definition, the words "or ot 90 per centum of the entire system, in­ fact: we consume too much gasoline. public transportation system", and (B) de· cluding the a.ddltional mileage previously In short, S. 1704 would reduce our leting the last four words of the definition, authorized. This system ma.y be looated both consumption of gasoline in two ways. and substituting in Ueu thereof the words in rural and urban a.reas. The mileage limi­ First, it is well understood that more "such a system so constructed, and in the tations in this paragraph shall not apply to roads generate more cars and that more case of assistance for the operation of a pub­ the District of Columbia, Hawaii, Alaska, or lic tranporta.tlon sytsem, the term 'project' Puerto Rico. cars consume a greater amount of gaso­ shall a.pply to the conditions set forth by "(2) After June 30, 1976, the Federal-a.id line. S. 1704 would abolish the Highway the Secretary for the use of such funds". primary system shall consist of an adequate Trust Fund etrective September 30, 1980., (6) The definition of "project agreement" system of connected ma.in roads important to and therefore, remove the existing bias is amended by deleting the words "State interstate, statewide, and regional travel, toward highways in Federal transpor­ highway department" and substituting in consisting of rural arterial routes and their tation funding. lieu thereof the words "designated recipi­ extensions into or through urban areas. The Second, by abolishing the fund, we ent". Federal-aid primary system shall be desig­ will allow greater flexibility to States (7) The definition of "State funds" is nated by each State acting through its State amended by deleting the last two words of highway department and where appropriate, and localities to evaluate their specific the definition, and substituting in lieu there­ shall be in accordance with the planning transportation needs and thereby en­ of the words "agency empowered by State process pursuant to section 134 of this title, courage the use of Federal funds for law to expend such funds". subject to the approval of the Secretary as mass transit alternatives where appro­ (8) The definition of "Federal-aid second· provided by subsection (f) of this section. priate. a.ry system" ls repealed. Funds apportioned to each State for the pri­ The Highway Trust Fund outlived its (9) Following the definition of "Federal• mary system may be expended for any project purpose long ago. A splendid interstate aid system", add the following definition: on the urban system or on the small urban highway system has been substantially "The term 'Federal-aid small urban and and rural system to the extent that such rural system' means the Federal-aid system apportionment is attributable to urbanized completed; the billions in the fund described in subsection (b) of section 103 areas, and small urban and rural areas, should not be locked in when other of this title.". respectively. transportation needs are evident. It is (10) Following the definition of "urban "(c) The Federal-aid small urban and rural important that Congress begin to recog­ area," add the following definitions: system shall consist of those routes desig­ nize the need to weigh our many na­ "The term 'mass transportation' means nated in section 133. ional needs and seek a better balance in transportation by bus, or rail or other con­ " ( d) The Federal-aid urban system shall the use of our limited financial resources. veyance, either publicly or privately owned, be located in ea.ch urbanized area and shall ' which provides to the public general or spe­ consist of transportation projects therein Mr. President, this is not the first time cial service (but not including schoolbuses or other than highway projects on the Inter­ I have addressed the issue of conserva­ cba.rter or sightseeing service) on a regular state System. tion, nor will it be the last. If we really and oontinuing basis. "(e) (1) The Interstate System shall be want to move out of the grasp of OPEC, "The term 'public pa.ratra.nsit' means those designated within the United States, includ­ and if we really want to move toward forms of colleotive passenger tra.nsporta.tion, ing the District of Columbia, and, except as eventual energy independence, we must as defined by the Secretary, which provide provided in para.graphs ( 2) and ( 3) of this focus on the small stepg, the disciplined shared-ride service to the general public or subsection, it shall not exceed forty-one specia.l categories of users on a. regular and thousand miles in total extent. It shall be steps, that will lead us to our goal. We predictable basis and which do not neces­ so located as to connect by routes, as direct simply must reduce our gas consumption sarily operate on fixed schedules or over pre­ as practicable, the principal metropolitan and building new roads is not consistent scribed routes. areas, cities, and industrial centers, to serve with this end. "The term 'pubU.c transportation' means the national defense, and to the greatest I ask that the bill and an executive either mass transportation or public para.­ extent possible, to connect at suitable border summary be printed in the RECORD. transit, or both. points with routes of continental importance The bill and summary follow: "The term 'll'outes' mea.ns the geographical in the Dominion of Canada. and the Republic location of highways, or public tra.nsporta.­ o! Mexico. The routes of this system, to the s. 1704 tion operations.". greatest extent possible, shall be selected by Be it enacted. by the Senate and House of AMENDMENT OJ' SECTION 103 joint action of the G<>vernor of each State Representatives of the United, States of and the adjoining States, subject to the America in Congress assembled., That this SEc. 102. Seotion 103 of title 23 of the United States Code is amended to read as approval by the Secretary as provided in sub­ Act may be cited as the "Highway and Pub­ follows: section (f) of this section. This system may lic Transportation Improvement Act of 1979". be located in both rural and urban areas. TITLE I-AMENDMENTS TO TITLE 23, "§ 103. Federal-a.id systems "(2) In addition to the mileage authorized UNITED STATES CODE " (a) For the purposes of this title, the by the first sentence of paragraph ( 1) of this tour Federal-a.id systems, the primary system, DEFINITIONS subsection, there ls hereby authorized addi­ the small urban and rural system, the urba.n tional mileage for the Interstate System of SEc. 101. Section lOl(a) of title 23 of the system, and the Intel'S'tate System, are estab­ United States Code is amended as follows: five hundred miles, to be used in making lished and continued pursuant to the pro­ modifications or revisions in the Interstate (1) The first sentence of the definition o! visions of this section, and t.n the case of "construction" is amended by (A) adding a!­ System as provided in this paragraph. Upon the small urban and rural system., in aiecord­ the request of a Governor and the local gov­ ter "highway" the words "or public trans­ ance with section 133 of this title. portation project"; (B) adding between "re­ ernments concerned, the Secretary may with­ "(b) (1) The Federal-aid prima;ry system draw his or her approval of any route or por­ hab111tation," and "acquisition of rights-of­ shall oonslst of a.n adequate system of con­ way", the following: "maintenance,"; and tion thereof on the Interstate System within nected ma.in highways, selected or designated that State selected and approved in accord­ (C) adding be!ore the period at the end a by each state through Lts State highway de­ ance with this title if he determines that comma and the following: "and the acquisi­ pa.rtment, subject t.o the approval of the such route or portion thereof is not essential tion ot necessary fac1lities and equipment for Secretary 86 provided by subsection (f) of a publlc transportation project, and may in­ this section. This system shall not exceed 7 to completion of a unified and connected clude costs of operating such public trans­ per centum of the total highway mileage of Interstate System (including urban routes portation". such State, exclusive of mileage within na­ necessary for metropolitan transportation) (2) The definition of "county" is amended tional forests, Indian, or other FedeTal reser­ and will not be constructed as a part of the by deleting the word "highways" and sub­ vations a.nd within urban areas, as shown by Interstate System, and if he receives assur­ stituting in each place it occurs the word the records of the State highway department ances that the State does not intend to con­ "transportation". on November 9, 1921. Whenever provision has struct a. toll road in the traffic corridor which (3) Following the definition of "county" been ma.de by any Sta.te for the completion would be served by such route or portion add the following definition: and maintenance of 90 per centum of Its Fed­ thereof and the additional mileage author­ "The term 'designated recipient' means the eral-a.id primary system, a.s originally desig­ ized by the first sentence of this paragraph State agency or local public body designated nated, said State through it.s State highway shall be available for the designation of pursuant to section 150.". department by and with the approval of the interstate routes or portions thereof as pro­ (4) The definition of "maintenance" is Secretary ls authorized to inCl'ease the mile­ vided in this subsection. The provisions of amended by inserting before the period at age of its Federal-a.id primairy system by ad­ this title applicable to the Interstate System the end thereof the following: "or public ditional mileage equal to not more than 1 per shall apply to all mileage designated under transportation system including an struc- centum of the total mileage of said State as the third sentence of this paragraph except CXXV--1520-Part 18 24160 CONGRESSIONAL RECORD-SENATE September 12, 1979 tha.t the cost to the United States of the . as a . consequence of withdrawals made after ner provided for in subsection (g) of section ag.gregate of a.ll mileage designa.ted under May 5, 1976, sha.11 come from sums appor­ 134 of this title. the third sentence of this para.graph shall tioned to the State under section 104(b) (2J "(j) (1) By September 30, 1986, a.11 routes or not exceed the cost to the United States of (A) of this title. Funds available !or ex­ portions thereof on the Interstate System penditure to carry out the purposes of this (for which the Secretary finds that sumctent the aggregate of all mileage 81pproval which Interstate authorizations a.re available) 1s withdrawn under the second sentence of paragraph shall be i;iupplementa.ry to and this paragraph, such costs shall be that as of not in substitution !or funds authorized and must be completed or under contract for con­ the date of withdrawal a.s determined in ac­ available !or obligation pursuant to the struction and construction must have com­ cordance with subsection (i) of this section. Urban Mass Transportation Act of 1964, as menced unless such failure to be under con­ In considering routes or portions thereof to amended. After the date of enactment of this struction ls due to court order. Immed1ately sentence, the Secreta.ry may not redesignate after such date, the Secretary sha.11 remove be added to the Interstate System under the from designation as part of the lntersta.te third sentence of this paragraph, the Secre­ any mileage as part of the Interstate System as a consequence of any withdrawal made System each route or portion thereof of such tary shall, in consultation with the States system not complying with this paragraph. and loca.l governments concerned, give pref­ pursuant to this paragraph. "(f) The Secre.ta.ry shall have authority to "(2) Any Interstate route or portion there­ erence, along with due regs.rd for interstate of or any highway or public transportation highway type needs on a. nationwide basis, to approve in whole or in part the Federal-aid small urba.n and rural system, the Federal­ project substituted pursuant to subsection routes or portions thereof in States in which (e) of section 103 of this title which ls: (A) the Secretary has heretofore or hereafter ald urban system, the Federal-aid primary system, and ·the Intersta.te System, as when under construction but not completed, (B) withdrawn his or her a.pproval of other routes not under construction due to court order, or or portions thereof. such systems or portions thereof are desig­ nated, or to require mod1ftca.tions or revisions (C) not under construction because of insuf­ "(3) In addition to the mileage authorized ficient Interstate authorizations, shall on by paragraphs (1) and (2) of this subsec­ thereof. No Federal-aid system or portion thereof shall be eligible !or projects in which September 30, 1986, become a separate and in­ tion, there is hereby atuhorized additional dividual project for which authorizations and mileage of not to exceed one thousand a.nd Federal funds participate until approved by the Secretary. appropriations shall be made separately from five hundred miles for the designation of funds provided under this title. After Sep­ routes in the same manner as set forth in "(g) The Secretary on July 1, 1974, shall tember 30, 1986, no apportionments shall be paragraph ( 1), in order to improve the em­ remove from deslgna.tion as a pa.rt of the made to the States for the Interstate System ciency and service of the Interstate System Interstate System each segment of such sys­ pursuant to section 104(b) (2) (A).". to better accomplish the purposes of that tem for which a Sta.te has not notified the system. Secreta.ry that such State intends to con­ AMENDMENTS TO SECTION 104. " ( 4) Upon the Joint request of a. Governor struct such segment, a.nd which the Secre­ SEc. 103. Section 104 of title 23 of the Unit­ and the loca.l governments concerned, the tary finds is not essential to com.ple.tlon of ed States Code ls a.mended- Secretary may withdraw his or her approval a unified and connected Interstate System. ( l) by deleting paragraphs (2) and (4) of of a.ny route or portion thereof on the Inter­ Any segment of the Interstate System, with subsection (b), and redeslgnatlng the re­ sta.te System which ls within an urba.nlzed respect to which a State has not submitted maining subsections and cross references ac­ area. or which passes through and connects by July l, 1975, a schedule for the expendi­ cordingly; urbanized areas within a Sta.te and which ture of funds for completion of construction (2) by deleting the words "Sta.te highway was selected and a.pproved in accordance of such segment or alternative segment with­ departments" in redeslgnated paragraph (2') with this title, 1f he determines that such in the period of availability of funds au­ (A), and substituting in lieu thereof the route or portion thereof is not essential to thorized to be appropriated for completion word "Governor"; completion of a. unified and connected Inter­ of the Interstate System, and with respect ( 3) by a.ddlng the following after the last state System and if he receives assura.nces to which the State has not provided the Sec­ sentence of such paragraph: "After the date tha.t the State does not intend to construct retary with assurances satisfactory to him of enactment of this sentence the Secretary a toll road in the tra.mc corridor which would that such schedule will be met, shall be re­ shall revise the method of apportionment be served by the route or portion thereof. moved from designation as a par,t of ;the In­ contained in this para.graph by including the When the Secretary withdraws his or her tersta.te System. No segment of the Inter­ cost of completion of any highway or public approval under this paragra.ph, a sum equal state System removed under the authority of transportation project, substituted pursuant to the Federal share of the cost to complete the preceding sen.tence shall thereafter be to subsection ( d) of section 103 of this title, the withdrawn route or portion thereof, as designated as a part of the Interstate Sys­ as part of the estimate of the cost of com­ determined in a.ccordance with subsection tem except as the Secretary finds necessa.ry pleting the then designated Interstate Sys­ (1) of this section, shall be a.valla.ble to the in the interest of national defense or for tem."; Secreta.ry to incur obligations for the Federal other reasons of national interest. This sub­ share of either public tra.nsportatlon projects ( 4) by deleting the words "State highway section shall not be applicable to any seg­ departments" in subsection ( e) and substi­ involving the construction of fixed ran ment of the Interstate System referred to in fac111ttes or the purchase of pa.Ssenger equip­ tuting in lieu thereof the word "Governors"; section 23(&) of the Federal-Aid Highway Act and ment including ro111ng stock, for any mode of 1968. of ma.ss transit, or both, or projects au­ (5) by amending subsection (f) to read thorized under any transportation assists.nee "(h) Notwi,thstandlng subsections (e) (2) as follows: and (g) of this section, in any case where a program under this title or the Urban Mass "(f) On October 1 of each fl.seal year, the Transportation Act of 1964, or both, which segment of the Interstate System was a des­ ignated part of such system on June 1, 1973, Secretary shall set aside 2 per centum of the wlll serve the urbanized area and the con­ funds to be apportioned under this section necting nonurbantzed area corridor from and ls entirely within the boundaries of an which shall be available for ,the purposes whtc9 the Interstate route or portion there­ incorporated city and such city enters into of section 134 of the Highway and Publlc of was withdrawn, which are selected by the an agreement with the Secreta.ry to pay all Transportation Improvement Act of 1979 re­ responsible local omcials of the urba.nized non-Federal costs of construction of such lating to transportation planning, except area. or area to be served, and which are sub­ segment, such segment shall be constructed that, for the funds apportioned under (b) mitted by the Governor of the State in which "(i) In determining the cost of an inter­ (2) (A) of this section, the Secretary shall set the withdrawn route was located. Upon the state route or portion thereof for which with­ a.side and make available this per centum of joint request of the Governor and local gov­ drawa.l is applled far unde,r paragraphs (2) such funds on October 1 of the year preced­ ernments concerned, the Secretary may ap­ and (4) of subsection (e) of this section, the ing the fiscal year for which authorized.". prove substitute projects for other areas Secretary shall use as a base cost for such within the State. Approval of the plans, determination the estimated cost of con­ AMENDMENT OF SECTION 105 specifications. and estimates for such project struction of such route or portion thereof at SEc. 104. Section 105 of title 23 of the by the Secretary shall constitute a contrac­ the latest stage of approval by the Secretary, United States Code ls amended to read as tive obligation of the Federal Government to or the date of approval of each substitute follows: pay the Federal share of such project as pro­ project under para.graph (4) of subsection '' § 105. Programs vided in this paragraph. The Federal share of ( e) of this section, whichever ls later. Such "(a) As soon as practicable after the ap­ obligations incurred after September 30, cost shall then be increased or decreased in portionments have been made under sections 1980, for substitute projects shall be that accordance with the increase or decrease in 104, 133, and 151 of this title, or appropria­ provided in section 120(c) of this title. There construction materials and labor to construct tions have been ma.de under the Urban Mass are hereby authorized to be appropriated such substitute project in the local market Transportation Act of 1964, the Governor of out of the general fund of the Treasury such where the project ls located. Additionally the any State, or the designated planning or­ sums as are necessary for public transpor­ Secretary shall take into account in his or her ganization, whichever ls appropriate, shall tation projects substituted pursuant to this determination of cost, changes in the route submlit to the Secretary, for his or her ap­ paragraph. The sums avallable for obllga­ or portion thereof which would have been proval, a single program of proposed projects tlon under this paragraph shall remain necessary to meet Federal approval 1f the comprised of projects to be funded under available until obligated. Obligations in­ withdrawn project had been completed. Any either of such Acts, !or the utilization of curred after the date of enactment of this Governor ar designated recipient dissatisfied funds apportioned or appropriated. The Sec­ sentence under this paragraph for highway with the cost revision approved by the Sec­ retary sha.11 act upon programs submitted to or public transportation projects substituted retary may appeal such decision in the man- him or her as soon as practicable after the , September 12, 1979 CONGRESSIONAL RECORD-SENATE 24161 same have been submitted, and may ap­ AMENDMENTS TO SECTION 109 Urban Mass Transportation Act of 1964, as prove a program in whole or in part. SEC. 108. Section 109 of title 23 of the amended, for the purpose Olf retrofitting "(b) Except as provided in subsection (c) United States Code is amended- such facillties as were financed under that of this section, in approving programs for ( l) in subsection (a), by deleting the Act."; projects, the Secretary shall require that phrase "on any Federal-aid system"; ( 5) by deleting subsection (J) and insert­ such projects be selected in accordance with (2) in subsection (c), by deleting the ing in lieu thereof the following: the planning process required pursuant to words "Projects on the Federal-aid second­ "(J) Not later than January 1, 1981, the section 134 of this title and section 8 of the ary system in which Federal funds partici­ Secretary and the Administrator of the En­ Urban Mass Transportation Act of 1964. pate" and inserting in lieu thereof the words vironmental Protection Agency, acting "(c) Notwithstanding subsection (b) of "Small urban and rural projects"; and jointly, shall issue regulations to assure tha.t this section, the Secretary may approve proj­ (3) by deleting subsection (h) and in­ projects constructed pursuant to this title ects under this section which he or she finds serting in lieu thereof the following: and the Urban Mass Transportation Act of are eligible for emergency relief under the "(h) In furtherance of the national trans­ 1964, are consistent with any approved plan provisions of section 125 of this title. for the implementation of any ambient air portation policy expressed in section 134(a), quality standard for ·any air quality control "(d) In approving programs for projects not later than January 1, 1981, the Secretary, under this section, the Secretary shall re­ region designated pursuant to the Clean Air after consultation with appropriate Federal Act, as amended. The Secretary shall not quire that such programs of projects have State officials, shall promulgate guide­ been selected by the planning organizations ~nd approve any project, any program of projects designated pursuant to section 134 of this lines designed to assure that possible adverse submitted pursuant to section 105 of this title and section 8 of the Urban Mass Trans­ economic, social, and environmental effects title or any plan or certify any planning portation Act of 1964. relating to any proposed project under this process under section 134 Olf this title un­ "(e) In approving programs for projects title or the Urban Mass Transportation Act less he finds, in consultation with the Ad­ the Secretary shall require the Governors of 1964 have been minimized in developing ministrator of the Environmental Protection and designated planning organizations to such project, and that the final decisions Agency, that such project, program of pro­ give priority to the reconstruction of high­ on the project are ma.de in the best overall jects, plan or planning process does not (1) ways which have been shown to be hazard­ public interest taking into consider.ation the exacerbate any existing violations of Na.­ ous to the public. need for fast, safe, and efficient transporta­ tiona.l Ambient Air Quality Standards, (2) "(f) In a.pproving programs for projects tion, public services, ·and the costs and bene­ contribute to a. violation of National Ambi­ under this chapter, the Secretary may give fits of eliminating or minimizing such ad­ ent Air Quality Standards for a pollutant priority of approval to, and expedite the con­ verse effects and the following: for which no concentrations in violation of struction of, projects that are recommended "(1) air, noise, ,and water pollution; the standard have been measured, (3) delay as important to the national defense by the "(2) destruction or disruption of ma.n­ attainment of National Ambient Air Qual­ Secretary of Defense, or other officials author­ ma.de and natural resources, esthetic values, ity Standards, (4) interfere with main­ ized by the President to make such important historical and cultural assets, "lnd tenance of National Ambient Air Quality recommendations. community cohesion; · Standards, once the standards are attained, "(g) In approving programs for projects on "(3) adverse housing effects and tax and or ( 5) omit any appropriate portions of the Federal-aid systems plll'SUant to this property value loss, particularly within the implementation plans promulgated under chapter, the Secretary shall give priority to inner city; section 110 of the Clean Air Act, as amended, those projects which incorporate improved " ( 4) injurious displacement of people, including transportation control measures.": standards ·and fea.tures with safety benefits. business, and farms; (6) adding at the end thereof the follow­ "(h) In preparing programs to submit in " ( 5) excess energy consumption and ve­ ing new subsections: accordance with subsection (a) of this sec­ hicle miles traveled; " ( o) In furtherance of the national trans­ tion, the Governors and designated plianning "(6) 111 health and traffic accidents; and portation policy expressed in section 134 (a) , organizations shall give consideration to "(7) disruption of the integrity of exist­ the Secretary shall not approve any proj­ projects providing direct and convenient ing farm uni ts and the practical use of prime ect for which funds have been apportioned public access to pub.lie airports and public agricultural land. under this title or appropriated pursuant to ports for water transportation, and in ap­ Such guidelines shall apply to all proposed the Urban Mass Transportation Act of 1964 provilng such programs the Secretary shall projects with respect to which plans, spec­ unless he finds that all reasonable alterna­ give consideration to such projects. ifications, and estimates are approved by the tives capable of meeting the transportation "(i) In approving programs for projects Secret·a.ry after the issuance of such guide­ needs, as such needs a.re identified in the under this section, the Secretary should give lines. Until such guidelines are in force, the appropriate plans required by section 134 preference to those projects, implementation guidelines previously issued pursuant to this of this title, have been considered and that of which will result in the savings of energy subsection shall remain in force."; the proposed projects is one which can feas­ resources, as such projects a.re identified in (4) in subsection (i) by inserting "l)" ibly meet such transportation need while the plan submitted pursuant to section 134 after "(i)" by deleting the word "highway" eliminating or best minimizing such adverse of this t!tle. Further priority shall also be wherever it appears and by deleting the la.st effects as the following: given to projects falling within the provisions sentence and adding the following para­ "(l) air, noise, and water pollution: of section 146 of this title.". graph: "(2) destruction or disruption of manmade AMENDMENTS TO SECTION 106 "(2) Not later than January 1, 1981, the and natural resources, esthetic values, im• SEC. 105. (a) Section 106(a.) of title 23 of Secretary, acting jointly with the Adminis­ porta.nt historical and cultural assets, and the United States Code is amended by delet­ trator of the Environmental Protection community cohesion; ing "Except as provided in section 117 of this Agency, shall review and revise the stand­ "(3) adverse housing effects and tax and title, the State hiighway department," and ards issued pursuant to para.graph ( 1) of property value loss, particularly within the substituting in lieu thereof "The Governor or this subsection. After revising such stand­ inner city; designated recipient". ards the Secretary shall not approve plans " ( 4) injurious displacement of people, (b) Section 106(c) of such title is and specifications for any proposed project business, and farms; amended by deleting the word "highway" and on any Federal-aid system or financed by "(5) excess energy consumption and substituting in lieu thereof the word the Urban Mass Transportation Act of 1964, vehicle miles traveled; "system." as amended, unless he determines that such "(6) ill health and traffic accidents; and plans and specifications insure compliance "(7) disruption of the integrity of exist­ AMENDMENT TO SECTION 107 with such standards. The Secretary and the ing farm units and the practical use of prime SEc. 106. Section 107(c) of title 23 of the Administrator shall issue, at the same time agricultural land. United States Oode is a.mended by deleting and in the same manner as authorized "(p) The Secretary shall not approve any the words "State highway department" and above, regulations to achieve those stand­ project under this title which increases the substituting in lieu thereof the words "ap­ ards by retrofitting or otherwise reducing vehicular or weight-bearing capacity of any propriate agency". noise levels on existing transportation fa.­ highway unless it meets all requirements and AMENDMENTS TO SECTION 108 cillties that have received Federal funds at provisions of the National Environmental SEc. 107. (a) Section 108 of title 23 of the any time, from either this title or the Policy Act of 1969." United Sta.tes Code is a.mended by deleting Urban Mass Transportation Act of 1964, as AMENDMENTS TO SECTION 110 the words "State highway department" a.mended. Any area which 1fails to meet the SEC. 109. (a) Subsection (a) of section 110 wherever appee.rtng therein, and substituting standards issued pursuant to this subsec­ of title 23 of the United States Code is in lieu thereof the words "designated recipi­ tion must take all reasonable steps to retro­ amended by deleting the words "State high­ ent", and by deleting the word "highway" fit or otherwise reduce noise levels of those way department" and substituting in lieu from the phrase "Federal-aid highway sys­ facllities which violate such standards. Any thereof the words "designated recipient". tem" wherever appearing therein. such area shall use at least 5 per centum (b) Subsection (b) of such section ts (b) Subsection (c) (2) of such section is of the funds apportioned to it under sec­ amended by deleting the words "highway amended by deleting the words "of tions 104(b) and 133(a) of this title for the department". highways". purpose of retrofitting such fac111ties as ( c) Subsection ( c) ( 3) of such section is were financed under this title. Any such AMENDMENT TO SF.CTION 111 a.mended by deleting the words "of a area shall also use at least 5 per centum of SEC. 110. Section 111 of title 23 of the highwa.y". the funds . apportioned to it under the United States Code is amended by deleting 24162 CONGRESSIONAL RECORD-SENATE September 12, 1979 the words "State highway department" and struction" and substituting in lieu thereof thorlzed by subsection (g) of this section, substituting in lieu thereof the words "desig­ the word "transportation"; shall apportion the remainder of the sums nated recipients". (2) in subsection (f)- authorized to be appropriated for expendi­ AMENDMENT TO SECTION 112 (A) by deleting the word "highway"; and ture for small urban and rural transportation (B) by deleting the next to the last sen- assistance for that fiscal year to the States SEc. 111. (a) Subsection (a) of section 112 tence; in the following manner: of title 23 of the United States Code ls (3) in subsection (g), by deleting the "One-fourth in the ratio which the area amended by deleting the words "State high­ words "State highway department" and sub­ of each State bears to the total area of all way department" ·and substituting in lieu stituting in lieu thereof the word "Gover­ the States; one-half in the ratio which the thereof the words "designated redpient". nor"; and population of small urban and rural areas of ( b) Subsection ( e) of such section is re­ (4) by adding the folloWing new subsec­ each State bears to the total population of pealed. tion: small urban and rural areas of all the States AMENDMENTS TO SECTION 113 "(1) Funds allocated in any year for a Fed­ as shown by the latest available Federal cen­ SEC. 112. (a) Subsection (a) of section eral-aid system may be used for the purposes sus; and one-fourth in the ratio which the 113 of title 23 of the United States Code ls of operating a public transportation system mileage of rural delivery routes and intercity a.mended by deleting the words "highway" in accordance with the provisions of section mail routes where service ls performed by and "the primary and secondary, as well as 5(f) of the Urban Mass Transportation Act motor vehicles in each State bears to the their extensions in urban areas, and the In­ of 1964, as amended.". total mileage of rural delivery routes and terstate System,''. AMENDMENTS TO SECTION 121 intercity mall routes where service is per­ (b) Subsection (b) of such section ls formed by motor vehicles in all the States amended by deleting the words "highway de­ SEc. 118. Section 121 of title 23 of the at the close of the next preceding calendar partment" and substituting in lieu thereof United States Code ls amended- year, as shown by a certificate of the Post­ the words "designated recipient". ( 1) by deleting the word "State" and sub­ master General. stituting in lieu thereof the words "desig­ AMENDMENTS TO SECTION llo& "(b) Sums apportioned under this section nated recipient"; and shall be available for obligation for a period SEC. 113. Section 114 of title 23 of the (2) by deleting the words "State highway United States Code is amended by- of two years following the close of the fiscal department" and substituting in lieu thereof year for which such sums are apportioned, ( 1) deleting the words "highways or por­ the word "Governor". tions of highways" and substituting in lieu and any amounts so apportioned remaining thereof the word "project"; AMENDMENTS TO SECTION 122 unobligated at the end of such period shall (2) deleting the words "State highway de­ SEc. 119. Section 122 of title 23 of the lapse. partment" and substituting in lieu thereof United States Code ls amended- "(c) The Secretary may approve as a proj­ the words "designated recipient"; and (!) by adding after "primary,'' the words ect in small urban and rural areas any pub­ (3) deleting "Except as provided in section "small urban and rural, urban"; lic transportation project, including operat­ 117 of this title such" and inserting in lieu (2) by deleting "or extension of any of ing assistance, which would be eligible for thereof "Such". the Federal-aid highway systems in urban Federal financing assistance under the pro­ areas,"; visions of the Urban Mass Transportation AMENDMENTS TO SECTION 118 (3) by deleting "Federal-aid primary sys­ Act of 1964, as amended, or any highway SEC. 114. Section 116 of title 23 of the tem" and substituting in lieu thereof the project, other than projects on the Federal­ United States Code is amended- words "Federal-aid primary small urban and ald primary or Interstate System. Financial ( 1) in subsection (a) by deleting the words rural, and urban systems"; and assistance provided under this section &hall "State highway department" and inserting ( 4) by deleting "or extensions of any of the be subject to such terms, conditions, require­ in lieu thereof the words "designated recip­ Federal-aid highway systems in urban areas". ments, and provisions as the Secretary may ient"; AMENDMENTS TO SECTION 123 determine to be necessary or appropriate for (2) in subsection (b) by deleting the the purpor.es of this section. For public words "State highway department" and SEc. 120. Section 123 of tltJe 23 of the transportation projects such terms, condi­ "highway department" and substituting in United State~ Code ls amended- tions, requirements, and provisions shall be lieu thereof the words "designated recipient"; ( 1) by deleting the word "secondary" and similar to those applicable to grants under ( 3) in subsection ( c) by deleting the words substituting in lieu thereof "small urban sections 3 and 5 of the Urban Mass Trans­ "State highway department" and substitut­ and rural, or urban"; and porta tlon Act of 1964, as a.mended, insofar as ing in lieu thereof the words "designated ( 2) by deleting the words "including ex­ the Secretary may deem them appropriate. recipient"; tensions thereof within urban areas". "(d) (1) The Federal share payable on ac­ (4) in subsection (d) by deleting the words AMENDMENT TO SECTION 124 count of any highway project financed with "State highway departments" the first time SEc. 121. Section 124 of title 23 of the sums apportioned under this section shall be such words appear in such subsection, and United States Code ls amended by deleting that provided in section 120(a) of this title. substituting in lieu thereof the word "Gov­ the words "State" and "State highway de­ "(2) The Federal share payable on account ernors", and deleting the words "State high­ partment", and substituting in lieu thereof of any public tranr.portation project, other way departments" the second time such the words "designated recipient". than operating assistance, financed with words appear in such subsection, and sub­ sums apportioned under this section shall not stituting in lieu thereof the words "desig­ AMENDMENT TO SECTION 125 exceed 80 per centum of the net project cost nated recipient"; and SEC. 122. Section 125 (b) and (c) of such as defined in section 4 (a) of the Urban Mass (5) in subsection (e) by deleting the words Code ls amended. by deleting "highway" in Transportation Act of 1964, as amended. The "State highway departments" and substitut­ the term "Federal-aid highway system" Federal &hare payable on account of any ing in lieu thereof the words "designated whenever appearing therein. public transportation operating assistance recipients". AMENDMENT TO SECTION 128 project financed with sums apportioned. un­ REPEAL OF SECTION 117 SEC. 123. Section 128 of title 23 of the der this section shall not exceed 33 % per SEC. 115. Section 117 of title 23 of the United States Code ls a.mended. by delet­ centum of the total eligible operating ex­ United States Code ls repealed. ing the words "State highway department" penses incurred in the operation of public and substituting in lieu thereof the words transportation services assisted under this AMENDMENTS TO SECTION 118 "designated recipient". section. The Highway Trust Fund shall be SEC. -116. Section 118 of title 28 of the reimbursed from the general funds of the United States Code is amended- AMENDMENT TO SECTION 129 Treasury for any sums expended pursuant to (1) by-. deleting the words "State highway SEc. 124. Section 129 of title 23 of the this section for any operating a.ssistance department" in subsection (a) and substi­ United States Code ls amended by adding at project. tuting in lieu thereof the word "Governors"; the end thereof the following subsection: "(e) At least 10 per centum of the sums and "(J) Notwithstanding any provision of this apportioned under this section to ea.oh State (2) by deleting the words "three years" in title to the contrary, any State or designated sh·all be used for public transportation proj­ subsection · (b), and substituting in lieu recipient may impose tolls on any high­ ects as set forth in subsection (c) of this sec­ thereof the words "two years". way for the purpose of managing peakload tion: Provided, That, upon application by demand of vehicular tramc. No funds from AMENDMENTS TO SECTION 120 the State the Secretary may waive such re­ such tolls may be used. for highway purposes, quirement if the Secretary finds that a lower SEc. 117. Section 120 of title 23 of the excepting such amounts which may be used level of public transportation assistance ls United States Code ls amended- for the operation and maintenance of such (1) in subsection (a)- warranted by the transportation needs of the toll facilities.". small urban and rural areas of such State. (A) by deleting "(d) ",and substituting 1n SMALL URBAN AND RURAL TRANSPORTATION "(f) The State may distribute funds to lieu thereof " ( c) "; ASSISTANCE eligible recipients within the St.ate to carry (B) by deleting the words "with primary, SEC. 125. (a) Title 23 of the United States out the purposes of this section. Eligible re­ secondary, or urban funds, on the Federal­ Code ls amended by inserting after section cipients may include State agencies, local ald primary system, the Federal-aid second­ 132 a new section as follows: public bodies and a.gencles thereof (includ­ ary system and the Federal-aid urban sys­ "§ 133. Small urban and rural transportation ing counties and Indian tribes), nonp·rofit tem'', and substituting in lieu thereof the assistance orgainlza.tlons, and opera.tors of public trans­ words "under this title"; and " (a) On October 1 of each fiscal year the portation services. (C) by deleting the words "highway con- Secretary, after making the deduction au- "(g) On October 1 of each fiscal year, the September 12, 1979 CONGRESSIONAL RECORD-SENATE 24163 Secretary shall set a.side and make a.va.ila.ble ignated recipient shall be eligible to receive representations from the appropriate State, 2 per centum of the sums authorized to be its apportionments pursuant to the Urban Federal, and local agencies having respon­ appropriated for expenditure for small urban Mass Transportation Act of 1964, only if it sibilities and jurisdiction in the areas of tlD.d rural transportation assistance for that has a comprehensive long-range and five­ housing and community development as to fiscal year, for carrying out the purposes of year transportation plan that has been ap­ the impact such plan will have on housing section 134 of the Highway and Public Trans­ proved by the Secretary. Such plans shall be nnd community development: portation Improvement Act of 1979 rela.ting reapproved by the same procedure whenever "(5) demonstrate compliance with ap­ to transportation planning.". a plan has been slgnlfl.cantly changed since plicable State and Federal environmental (b) Sections 155 and 219 of title 23 of the its previous approval or reapproval. When laws, and in determining compliance with United States Code and section 147 of the reapprovlng a five-year plan, the Secretary this paragraph, the Secretary shall rely on Federal-Aid Highway Act of 1973, a.s may reapprove the long-range plan if he or representations from the appropriate State amended, a.re repealed. she finds that they are consistent with ea.ch and Federal agencies charged by law with (c) The analysis of chapter 1 of title 23, other. The Secretary shall not approve any responslbllity for protecting environmental United States Code, ls amended by deleting plan for any State or urbanized area unless quality as to the impact the plan wm have "133. Repealed." he finds that ( 1) such plans are in accord­ upon such State and Federal environmental ance with a continuing, comprehensive, and protection programs; and inserting in lieu thereof cooperative transportation planning process "(6) demonstrate compliance with appli­ "133. Small urban and rural transportation and (2) all reasonable measures to permit, cable State and Federal energy conservation assistance.", encourage, and assist public participation programs, and in determining compliance by deleting in such continuing, comprehensive, and co­ with this paragraph, the Secretary shall rely "155. Access highways to public recreation operative transportation planning process on representations from the appropriate areas on certain lakes.", have been taken. The Secretary, in coopera­ State and Federal agencies charged by law tion with the States and urbanized areas, with the responsibility to implement pro­ and inserting in lieu thereof shall develop and publish regulations speci­ grams to conserve energy as to the impact "Hl5. Repealed.", fying minimum guidelines for public par­ the plan will have upon such State and and by deleting ticipation in such processes, which shall in­ Federal energy conservation programs; and "219. Sa.fe.r off-system roads.", clude hearings held at least annually, at "(7) provide an analysis of the impact such which there will be a review of the transpor­ plan wlll have on the social, environmental, and inserting in lieu thereof tation planning process, plans, and programs a.nd economic well being of the State, or "219. Repealed.". of projects, and opportunity provided for tne area covered by the plan, and such steps as AMENDMENT OF SECTION 13• consideration of various alternatives to the will be ta.ken to minimize a.d verse social, plan under consideration. No transportation environmental and economic effects on such SEC. 126. (a) Section 134 of title 23 of the project may be constructed in any urban­ United States Code ls amended to read as State or area. follows: ized area of fifty thousand population or The Secretary shall advise the State or des­ more unless the responsible public officials "§ 134. Transportation planning ignated planning organilZation of the reasons of such area in which the project is located for not approving a plan or a program of " (a.) It is declared to be the national have been consulted and their views con­ projects. Approval by the Secretary of any tra.nsport;ation policy to encourage .a.nd pro­ sidered wt th respect to the corridor, the lo­ plan or program of projects under this sec­ mote the development of tmnsporta.tlon cation, and the design of the project. tion shall not prevent the Secretary from systems embracing various modes of tra.ns­ "(d) The States and urbanized areas shall subsequently disapproving any individual porta tlon that wlll serve the States and each submit a single program of projects transportation project pursuant to the pro­ local communities efficiently and effectively with respect to both this title and the Urban visions of this title or the Urban Mass Trans­ in :a manner which wm minimize e.tr, noise, Mass Transportation Act of 1964. Such pro­ portation Act of 1964, or other Federal law, and water pollution; destruction or disrup­ gram of projects shall be approved in ac­ including but not limited to the National tion of mamna.de and natural r~ources, cordance with section 105 of this title. The Environment.al Polley Act of 1969 and sec­ esthetic values, import.ant historical and Secretary shall not, however, approve a pro­ tion 4(f) of the Department of Transporta­ cultural assets and communi,ty cohesion; ad­ gram of projects, unless ( 1) the urbanized tion Act. verse housing effects a.nd tax and property area, or after October 1, 1980, the statewide "(f) Whenever the Secretary, after reason­ value loss, particularly within the inner city; planning process on which such program of able notice and opportunity for hearing to injurious dlspla.cemen.t of people, business, projects is based is being carried on in con­ the State or local agency administering a a.nd farms; excess energy consumption. and formance with the objectives and provisions State or urbanized e.rea plan approved under vehicle miles traveled; and disrupt.ion of the of this section, and ( 2) the Secretary finds this title, finds that- lntergrlty of existing fa.rm units and the that the program of projects is based on the "(l) the State or urbanized area plan has practical use of prime a.grlcul,tural land. To planning process. been so changed that it no longer complies accomplish this objective, the Secretary shall "(e) The Secretary shall approve State and with the provisions of this title or the Urban cooperate with State an.d local officials in the urbanized area plans in whole or in part, Mass Transportation Act of 1964; or development of long-range a.n.d five-year, but shall not approve any plan which falls "(2) in the administration of the plan statewide and urbanized a.rea transportation to reasonably meet transportation needs there ls a !allure to comply substantially plans, as well a.s programs of projects based and- with any such provisions; the Secretary shall on such pla.ns. Before approving, in whole "(l) provide that the State and urban­ notify such State or designated recipients or in pa.rt, a plan, or a program of projects, ized area administering agencies wm make that no further payments will be made to the Secretary shall find that it is formu­ such reports to the Secretary in such form the State or designated recipients under this lated on the basis of and reasonably ad­ and containing such information as may title or the Urban Mass Transportation Act dresses transportation needs an.d that it reasonably be necessary to enable the Sec­ of 1964 (or, at his or her discretion, that affirmatively uses transportation to achieve retary to perform his or her duties under further payments to the State or designated other national and locail objectives while this title and the Urban Mass Transporta­ recipient wlll be limited to projects under, minimizing those adverse effects of trans­ tion Act of 1964, and wlll keep such records or portions of, the State or urbanized area portation development identlfl.ed in this sec­ and afford such access thereto as the Secre­ plan not affected by such failure), untll he tion and identifies those specific elements tary finds necessary to assure the correct­ or she ls satisfied that there will no longer of the plan, or program of projects, which ness and verification of such reports; be any fe.llure to comply. Until the Secretary would eliminate or best minimize such ad­ "(2) provide such fiscal control an,d fund ls so satisfied, no further payments may be verse effeots. Such plans shaJl be the result accounting procedures as may be necessary ma.de to such State or designated recipient of a planning process which includes a.n to assure proper disbursement of and ac­ (or payments shall be limited to projects analysis of alternative transportation sys­ counting for Federal funds paid the State or under, or portions of, the State or urbanized tem marui.gement an.d investment strategies designated recipients under this title or the area plan not affected by such failure). to make more efficient use of existing trans­ Urban Mass Transportation Act of 1964; "(g) Any Governor or designated planning portation resources and to meet needs tor "(3) provide for the expenditure of ade­ organization dissatisfied with a final action new transportation fa.c111tles. Such planning quate amounts of such State's apportion­ CYf the Secretary under this section may ap­ process shall consider all modes of trans­ ment for ea.ch fiscal year under this title peal to the United States court of appeals portation and shall be continuing, coopera­ and appropriations under the Urban Mass for the circuit in which the State or ur­ tive, and comprehensive. Transportation Act of 1964 for the mainte­ banized area ls located by filing a petition " ( b) The Secretary shall not approve un­ nance of the planning process; with such court within sixty days after such der section 105 of this title any program of "(4) provide for the development, main­ final action. A copy of the petition shall be projects unless he or she finds that such tenance, and operation of transportation rorthwith transmitted by the clerk of ·the projects are based on a plan, approved in fac111ties responsive to the needs of such court to the Secretary or any omcer desig­ accordance with the provisions of this sec­ State and its communities, and in determin­ nated by him or her !or that purpose. The tion, and a continuing, comprehensive trans­ ing compliance with this para.graph, the Sec­ Secretary thereupon shall file in the court portation planning process carried on coop­ retary shall (A) require the State or desig­ the record of the proceedings on which he eratl vely by States and local communities nated planning organization to show how or she based his or her action, a.s provided in conformance with the policies and ob­ the plan reflects the needs of, and is co­ tn section 2112 of title 28. Upon the filing of jectives stated in this section. ordinated with, community development such petition the court shall have Jurisdic­ '"(c) After October l, 1981, a State or des- plans in urbanized areas, and (B) rely on tion to a.mrm the action of the Secretary or 24164 CONGRESSIONAL RECORD-SENATE September 12; 1979 to set it aside, in whole or in part, tempo­ AMENDMENT OF SECTION 142 tion 3 (a.) ( 1) , relating to the use of Federal rarily or permanently, but until the filing SEC. 128. Section 142 of title 23 of the funds; of the record, the Secretary may modify or United States Code ls a.mended to read as "(2) section 3(e), relating to the acquis4- set aside the order. The findings of the sec­ follows: tion CJ! privately owned. fa.cdlities; retary as to the facts, if supported by sub­ " ( 3) section 3 ( !) , relating to the use ot "§ 142. Public transportation stantial evidence, including representations buses for Ciha.rter operations; or findings by other Federal agencies acting "(a) To encourage the development, im­ .. ( 4) section 3 ( g) , relating to the use ot tn accordance with the provisions of subsec­ provement, and use o! public transportation buses for schoolbus operations; tion (e) o! this section, shall be conclusive, systems, the Secretary may approve as a " ( 5) seotions 5 ( e) and 5 ( ! ) , relaitlng to the but the court, for good cause shown, may project that can be financed under this title, sow-ce of local funds used to match Fed­ remand the case to the Secretary to take or the Urban Mass Transportation Act of eral funds for projects involvtng the pay­ further evidence, and the secretary may 1964, as amended, the construction of ex­ ment of opera.ting expenses; thereupon make new or modified findings of clusive or pre!erential bus lanes, highway "(6) section 5(k) (2), relating to projects !act and may modify his or her previous ac­ tra.tno control devices, bus passenger loading where the source of non-Federal funds tion, and shall file in the court the record areas and fa.c111ties (including shelters), a.nd derives from more than one jurisdiction; of the further proceedings. Such new or fringe and transportation cortidor parking "(7) section 5(m) and sootion 108 of the modified findings of fact shall likewise be facilities to serve bus and other public trans­ National Mass Transportation ~ Act conclusive 1f supported by substantial evi­ portation passengers. If fees are charged for of 1974, relating to the charging of fares dence and the representations or findings of the use o! any parking fac111ty constructed for the elderly and handioa.pped; other Federal and State agencies acting in under this section, the rate thereof shall not "(8) section 5(n) (2), rela.tlng to the ap­ accordance with the provisions of subsec­ be in excess of that required for maintenance pll..ca.tion CJ! Cihapter 15 o! title 5, United tion (e) of this section. The Judgment of and operation of the fac111ty (including com­ Stiaites Code, to nonsupervisory employees ot the court atnrming or setting aside, in whole pensation to any person for opera.ting the federally aided mass transportation sys­ or in part, any action of the secretary shall fac111ty). The Secretary may also approve tems; be final, subject to the review by the Su­ as such a project exclusive or preferential "(9) secitlon 12(bh relating to contncta preme Court of the United States upon cer­ bus, truck, and emergency vehicle routes or entered into by mee.ns other than competitive tiorari or certification as provided in section lanes. Projects constructed under the pre­ bidding; 1254 of tt.tle 28, United States Code. The vious sentence shall not be subject to the "(10) section 12(d), relating to the powers commencement CJ! proceedings under this 1lhlrd sentence of section 109(b) of this title. of the Secretacy to regula.t,e the mode of subsection shall not, unless so specifically Sums apportioned under sections 104(b) and oper·atlon of mass tra.nsportation fac111ties, ordered by the court, operate as a stay of 133 (a) shall be available to finance the cost but this provision shaJ.l not apply to the use the Secretary's action. o! projects under this subsection. of funds a.pportdoned under this title for "(h) The Secretary may define those con­ "(b) The estaiblishment of routes a.nd the payment at operating expenses; tiguous interstate areas of the Nation in schedules of such public transporta.tton sys­ " ( 11) section 13 ( c) , relating to sta.nd&Z'ds tems shall be based upon a continuing com­ fo:r labor; wnlch the movement of persons and goods prehensive transportation planning process between principal metropolitan area, cities, " ( 12) section 15, relating to ftna.ncla.1 re· carried on in accordance with section 134 of porting systeql8; and and industrial centers has reached, or is ex­ this title, and the Urban Mass Transporta­ pected to reach, a. critical volume in relation tion Act of 1964. " ( 13) seot1on 16, relating to the pla.nn1ng to the ca.pa.city of existing and planned " ( c) ( 1) For all purposes of this title, a and design CJ! fa.c111ttes to meet the needs transportation demands and future growth. project authorized by subsection (a) of this of the elderly and he.ndioa.pped.". After consultation with the Governors and section shall be deemed to be a highway AMENDMENT TO SECTION 144 responsible local otncials of affected States, project. SEC. 129. Section 144 of title 23 of the the Secretary may by regulation designa.te, "(2) Notwithstanding section 209(!) (1) of United States Code ls amended by adding at tor a.dmintstra.tive and planni·ng purposes as the Highway Revenue Act of 1956, the High­ the end thereof the following new subsec­ a critical transportation region or a critical way Trust FUnd shall be available tor mak­ tion: transportation corridor ea.ch of those areas ing expenditures to meet obligations result­ "(n) The secretary shall not approve any which he or she determines most urgently ing from projects authorized by subsection project under this section to replace or re­ require the accelerated development of trans­ (a) of this section and such projects shall hab1Utate a bridge to exceed the traffic carry­ portation systems embracing various modes be subject to, and governed in accordance ing capacity of the road adjacent to the of transport, in accordance with the pur­ with, all provisions of this title applicable bridge. The preceding sentence shall not poses of this section. The Secretary shall to projects financed from this title except to apply to bridge rehab111tation or reconstruc­ immediately notify such Governors and local the extent determined inconsistent by the tion undertaken to provide bridge capacity officials of such designation. The Secretary Secretary. for farm implements and vehicles used for may, a.fter consultation with the Governors "(3) The Federal share payable on account the cultivation of land or trucks carrying ag­ and responsible local officials of the affected of projects authorized by subsection (a) of ricultural products from farm to market.". States, provide by regulation for the estab­ this section shall be that provided in section lishment of planning bodies to assist tn the 120 of this title. REPEAL OF SECTION 148 development of coordinated transiportation "(d) In any case where sufficient land SEC. 130. section 148 of title 23 Of the planning, to meet the needs of such regions exists within the ,publicly acquired rights­ United States Code, including the reference or corridors, composed of representatives of of-way of any Federal-aid highway to ac­ thereto in the analysis of such title, ls re­ the affected States and metropol1tan areas, commodate needed ran or nonhighwa.y pub­ pealed. and may provide assistance including finan­ lic mass transportation fac111ties and where AMENDMENT OF SECTION 150 cial assistance to such bodies. Nothing 1n this can be accomplished without impairing SEc. 131. Section 150 of title 23 of the title 23, United States Code, or the Urban automotive safety or future highway im­ United States Code ls amended to read as Mass Transportation Act shall preclude two provements, the Secretary m.a.y authorize a follows: or more States or contiguous urban17ed areas State to make such land and rights-of-way "§ 150. Allocation of urban system funds from coordinating or acting jo1·ntly ·in the available without charge to a publ1cly preparation and execution of the.tr 1ndlv1dual owned transit authority for such purposes "(a) The funds apportioned to any State or joint transportation plans, as appropriate. under section 104(b) (4) of this title which wherever he may deem that the public are attributable to an urbanized area. hav­ as develooed under this section, or from interest wlll be served thereby. acting under such laws on a regional rather ing a population of fifty thousand or more "(e) FUnds available for expenditure to shall be allocated among such urbanized than a State basis. Such regional coopera­ carry out the purposes of subsection (a) tion and .1oint activity ts to be encouraged. areas within such State for projects in pro­ shall be supplementary to and not in sub­ grams approved under section 105 of this There ts authorized to be appropriated out stitution for funds authorized and available of any money 1n the Treasury not otherwise title in the ratio that the population within for obligation pursuant to the Urbe.n Mass each such urbanized area bears to the popu­ aporooriated, not to exceed $500,000 to carry Transportation Act of 1964, as amended. out this subsection.". lation of all such urbanized areas, or parts "(!) In providing funds for public mase thereof within such State. In the expendi­ fb) The analysis of title 23 of thf\ United tra.nsportat1on projects under th48 title, the ture of funds allocated under the preceding StA.tes Code is amended by striking out Secretary shall, to the maximum extent pos­ sentence, falr and equitable treatment shall "134. Transportation planning certain ur­ sLble, provide that rules and regula.tions is­ be accorded incorporated municipalities of ban areas.", sued cOllllCernlng the use of such funds for two hundred thousand or more population and inserting 1n lieu thereof public IXl8ISS transpor11aition projects be the within urbanized areas. The funds appor­ "134. Transportation planning.". same as th06e issued pursue.nt to the Urban tioned to any State under section 133 of thls Mass Tra.nsportaitton Aot of 1964. In com­ title which are attributable to urban areas AMENDMENT TO SECTION 1•1 plying with this section, the Seoreta.ry shall of more than five thousand but less than SEC. 127. Section 141 (b) of title 23 of the insure 1ihait projects tor which funding is fifty thousand population within such State United States Code ts amended by deleting sought under this title comply with the for projects in programs approved under sec­ "F1edera1-aid secondary system" and substi­ following sections of tJhe uroa.n Mass Trans· tion 105 of this title, shall be allocated in tuting in lieu thereof "Federal-aid small porta.tion Aot of 1964- accordance with a fair and equitable for­ urban and rural system". " ( 1) the third e.nd fifth sente~ o.t sec- mula developed by the State in consultation ' September 12, 1979 CONGRESSIONAL RECORD- SENA '(E 24165 with local elected oftlclals and approved by .. § 302. State highway and t?ia.nsportatlon or obligations of, such Trust Fund shall be U:le secretary. department"; paid from such general fund; "(b) Notwithstanding any contrary provi­ and (3) any authorizations for appropriations sion of this title the funds that would other­ (2) by inserting at the end thereof the to be made from such Trust Fund shall be wise be apportioned to any State under sec­ following new subsection: considered to be authorizations for appro­ tion 104(b) (3) of this title on or after Oc­ "(c) After October 1, 1981, any State de­ priations from such general fund; and tober 1, 1981, that are attributable to an ur­ siring to avail itself of the benefits of this (4) section 209 of the Highway Revenue banized area of two hundred thousand pop­ title or the Urban Mass Transportation Act Act of 1956 ls repealed. ulation or more shall be apportioned to the of 1964, as amended, shall have a single recipient or recipients jointly designated by State transportation agency, which shall HIGHWAY AND PuBLIC TRANSPORTATION IM­ the Governor and local elected oftlclals of have adequate powers and be suitably PROVEMENT ACT or 1979 the urbanized area, to receive and disburse equipped and organized to discharge to the FACT SHEET such funds. Expenditure of such funds shall satisfaction of the Secretary the duties re­ The following ls a summary of the major be subject to all the requirements of this quired by this title and the Urban Mass provisions of the blll: title, and where appropriate the Urban Mass Transportation Act of 1964, as amended, as 1. Abolish the Highway Trust Fund-Ef­ Transportation Act of 1964, except that with well as the authority !or the development of fective September 30, 1980, the Highway regard to such funds the designated recip­ multlmodal transportation programs plan­ Trust Fund would be eliminated. Federal ient shall have the responslblllty and author­ ning and pollcy generally in such State. gasoline and other user taxes that support ity vested in the State by this title and must After October 1, 1981, the provisions of sub­ the Fund would remain in place, but the rev­ have adequate powers and be suitably equip­ sections (a) and (b) of this section shall enues derived would ft.ow into the general ped and organized to discharge the duties apply to such State transportation agen­ fund of the Treasury. Thus, funding levels required by this section and demonstrate the cies.". for the revised transportation programs, ap­ capacity to administer the programs for (b) The analysis of such title ls amended proved under this Act, would be analyzed which it is the deelgnated recipient, to the by striking out: and set by the Congress through its author­ satisfaction of the Secrtftary. Nothing in this "302. State highway department." ization and appropriation process. section is intended to preclude the State and inserting in lleu thereof: 2. Consolidate Existing Programs-In the from being a designated recipient 1f agreed past few yea.rs, the number of federal aid to by the Governor and appropriate local "302. State highway and transportation de­ highway programs has dramatically increas­ elected oftlcials. partments.". ed. The Welcker bl~l would consolldate th18 " ( c) Funds allocated to an urbanized area CONSOLIDATED PLANNING myriad of categorical aid programs into three under the provisions of this section may, SEC. 134. (a) In accordance with this sec­ basic programs: (1) Interstate, (2) Urban, upon approval of the local elected oftlctails of tion, the Secretary shall make grants to (3) Rural. the area and t!he Secretary, be transferred to States and in urbanized areas, to planning 3. Redistribute Transportation Funds­ the allocation of another such urbanized area organizations designated in accordance with Funds would be distributed to the three in the State or to the State for use in any the requirements ot section 8 of the Urban major systems in the following manner: urbanized area.". Mass Transportation Act of 1964, as amended, (1) Interstate-the apportionment formula AMENDMENTS TO SECl'lON 217 and section 134 of title 23, United States would remain the same. SEC. 132. Section 217 of title 23 of the Code, for projects for the development of (2) Urban System-each state would re­ United States Code ts amended- transportation plans and programs required ceive urban system funds based on a popula­ ( 1) by deleting subsection (a) and insert­ by such sections; and to make grants and tion factor. Cities over 150,000 in population ing in lleu thereof: contracts for activities ellgible under sec­ would receive funds directly from the federal " (a) To encourage energy conservation and tion B(J) of the Urban Mass Transportation government. Thus, local officials wm be given the multiple use of transportation rights-of­ Act of 1964, as amended. Grants under this greater control over their programs. way including t!he development, tmprove­ section shall be from funds made available (3) Rural System-the rural system funds melllt, and use of bicycle transportation and under section 4(f) of the Urban Mass Trans­ would continue to be appropriated to a state the development and improvement of pedes­ portation Act of 1964 and section 104(f) on the basis of mileage, land area and pop­ trian walkways for recreational and commut­ and section 133(g) of title 23, United States ulatlon. However, the 1976 Federal Aid High­ ing purposes in urban areas, or to connect Code. way Act inserted some urban construction such areas with National, State, or local (b) The Federal share of such projects into the rural road system and altered the parks, seashores or rec~tlonal areas, the under this section shall not exceed BO per apportionment formula. to reftect this States and designated rectpterirts may, as a centum thereof unless the Secretary deter­ change. Federal-aid project or tn conjunction with mines that the interests ot the Federal pro­ Since the new rural system has no urban other Federal-aid projects, construct new or gram would be best served without match­ components, the Welcker blll would revert improved bicycle lanes, either in conjunction ing funds. The Secretary shall designate for back to the pre-1976 formula tor distributing with or on existing highway lanes or shoul­ use in the States, 90 per centum of the funds rural system monies. ders, or bicycle paths, traftlc control devices, available to carry out the purposes of this 4. Equalize Funding Ratios-Under exist­ shellters and p~klng or support fac111tles de­ section in the ratio which ea.ch State's total ing law, the federal-state formulas tor fund­ signed and/or regulated to serve bicycles and apportionment of funds under section 4(f) ing transporta tlon programs widely differ persons using bicycles, and pedestrian walk­ of the Urban Mass Transportation Act of (i.e., Interstate 90-10; Urban and Rural Sys­ ways. Such projects shall be located and de­ 1964 and section 104(f) and section 133(g) tem 70-30). In order to eliminate any bias signed pursuant to an overall plan which wlll of title 23, United States Code, bears to the that this imposes on local officials, all trans­ provide due consideration for safety and con­ total of all such apportionments to all States, portation funding under this Act wm be 90 tiguous routes, and be in conformance with except that no State shall be designated less percent federal, 10 percent state and local. section 134 of this title."; than one-half of 1 per centum of the amount 5. Provide Flexible Use of Funds-Under (2) in subsection (d), by inserting after apportioned. Funds not distributed by present law, the Interstate System has the " ( d) " t!he following: "The Secretary shall formula wm be retained by the Secretary principle of ftexlb111ty built into the program. establlsh by regulation, construction stand­ for use on a discretionary basis. Through the use of the Interstate Transfer ards for bicycle projects to ensure that they (c) The amount of funds designated for mechanism, states and cities may turn back have safe and adequate surface conditions, a State pursuant to the formula established unwanted Interstate construction funds and widths, sight distances and Ughtlng, realtstlc under subsection (b) of this section that a.re draw an equivalent amount from general rev­ design speeds, and grades reasonably negotia­ attributable to an urbanized area of fifty enues for mass transit. ble on a bicycle."; and thousand or more population shall be made Funds authorized for the Urban and Rural (3) by deleting subsection (e), and insert­ available by the Secretary to the planning Svstems would be available to states and ing in lieu thereof: organization designated in accordance with cities tor either hl~hwa.y construction and "(e) The Secretary ls authorized to make the provisions of section 134 of title 23, maintenance, or for mass transit construc­ grants to States and designated recelplents to United States Code, and section 8(b) (3) of tion, maintenance and oneratin~ assistance. achieve the purposes of this section on such the Urban Mass Transportation Act of 1964, Thus, state and local officials would have a terms and conditions he or she may require. as amended. wide range of options to choose from in de­ To the extent that they are consistent with ciding how best to meet their own transpor­ the . purposes of this section, the provisions TITLE II-TERMINATION OP lilGHWAY TRUST FUND tation needs. of chapter 1 of this title shall apply to such 6. Institute Statewide Transportation Plan­ projects and grants. There ls hereby author­ TERMINATION ning-Under current law t!here ls no require­ ized to be ·approprl&ted $45,000,000 per year SEc. 201. Effective after September 30, ment for states to develop comprehensive for fiscal yea.rs 1980, 1981, 1982, and 1983 for 1980- transportation plans. Such plans are, how­ these purposes.". (1) the Highway Trust Fund ls terminated ever, required for urbanized areas. The bill AMENDMENT TO SECTION 302 and the a.mount in such Fund, including sets up a statewide transportation planning SEC. 133. (a) Section 302 of title 23 or the any obligations held in such Fund, shall be mechanism, to be administered by a. single United States Code is amended- covered into the general fund o! the state agency with jurisdiction over all state ( 1) by deleting the section heading and Treasury; transportation programs. The governor would substituting in lieu thereof: (2) any outstanding appropriations from, be required to develop rural aspects of the 24166 CONGRESSIONAL RECORD-HOUSE September 12, 1979 plan and incorporate plans formulated by are a good many amendments, I am told, ship, the second concurrent budget reso­ urban areas into his statewide plan. Under that may be called up. It is conceivable lution would not be any later than Mon­ the bill, urban areas would retain control of that the Senate would be in fairly late day insofar as its being taken up is con­ their own planning. tomorrow working on that bill and might cerned. The plans would have to reflect federal have to continue on with that piece of and state priorities in energy conservation, Mr. President, I should remind Sena­ urban development, environmental concerns legislation on Friday. tors that tomorrow afternoon at 2: 30 and safety factors. The Secretary of Trans­ It would be my intention that that bill there will be a picture ta-ken of the portation and the state legislature each exer­ be disposed of this week and that the Senate. Members, I think, have been in­ cise approval power over the plans. The Sec­ Senate proceed to the consideration of formed that they are to be here at 2: 30. retary's disapproval of any plan may be sub­ the second concurrent budget resolution I hope the full membership of the Senate jected to court review. no later than Monday. will be present for that picture, which is Once the state plan has final approval, the Mr. BAKER. Mr. President, I thank governor would submit for tJhe Secretary's being taken by the National Geographic approval a program of projects to receive the majority leader for answering that Society for the Capitol Historical So­ federal funding. To win that approval, the question. ciety. projects would have to give priority to ftxed­ As he knows, I believe there are Mem­ guidewa.y and electric-powered projects­ bers on this side who are anxious to see ma.ss transit-in areas falling to meet am­ S. 14, once laid down, disposed of with­ RECESS UNTIL 10: 15 A.M. bient air quality standards. The bill also out interruption, and that was the rea­ Mr. ROBERT C. BYRD. Mr. President, requires that state plans must emphasize son for the reservation. if there be no further business to come reconstruction of unsafe rural-system high­ Mr. President, I have no objection. ways, safety projects, access to public air­ before the Sena·te, I move, in accordance ports and port fac111ties and energy-saving Mr. ROBERT c. BYRD. I thank the with the order previously entered, that projects.e minority leader. the Senate stand iq,.recess until the hour The PRESIDING OFFICER. Without of 10: 15 a.m. tomorl'ow. objection, it is so ordered. The motion was agreed to; and at 6: 18 CONCLUSION OF MORNING p.m. the Senate recessed until tomorrow, BUSINESS ORDER FOR RECESS TO 10:15 A.M. Thursday, September 13, 1979, at 10: 15 The PRESIDING OFFICER. Is there TOMORROW a.m. further morning business? Mr. ROBERT c. BYRD addressed the Mr. ROBERT C. BYRD. Mr. President, Chair. I ask unanimous consent that when the NOMINATION The PRESIDING OFFICER. The Senate completes its business today it Executive nomination received by the Senator from West Virginia. stand in recess until the hour of 10:15 Senate September 12, 1979: tomorrow morning. OFFICE OF THE SPECIAL REPRESENTATIVE FOR The PRESIDING OFFICER. Without TRADE NEGOTIATIONS ORDER FOR CONSIDERATION OF objection, it is so ordered. Reubin O'D. Askew, of Florid&, to be Spe­ THE RECLAMATION REFORM ACT cial Representative for Trade Negotia.tions,

HOUSE OF REPRESENTATIVES-Wednesday, September 12, 1979 The House met at 10 a.m. and the assurance that Your presence MESSAGE FROM THE SENATE The Chaplain, Rev. James David Ford, can give. We lift our spirits and open A message from the Senate by Mr. D.D., offered the following prayer: our hearts to You, O God, in the sure Sparrow, one of its clerks, announced and certain knowledge that Your abun­ I will lift up my eyes to the hills. From that the Senate agrees to the report of dant strength will be with us wherever the committee of conference on the dis­ whence does my help come? My help we are or what.ever our need. Amen. comes from the Lord, who made heaven agreeing votes of the two Houses on the and earth.-Psalms 121: 1, 2. amendments of the Senate to the bill THE JOURNAL entitled "An act to author­ Gracious Father in heaven, we pray ize appropriations for ft.seal years 1980 that Your providence will guide our Na­ The SPEAKER. The Chair has ex­ and 1981 under the Arms Control and tion and lead us in the way of righteous­ amined the Journal of the last day's Disarmament Act, and for other pur­ ness and honor. proceedings and announces to the House poses." We confess, O Lord, that we try too his approval thereof. The message also announced that often to face the anxieties and difficulties Pursuant to clause 1, rule I, the Jour­ the Senat.e agrees to the report of the of life by ourselves and deny the Power nal stands approved. oommittee of conference on the dis-

D This symbol represents the time of day during the House Proceedings, e.g., D 1407 is 2:07 p.m. •This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.