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 Oklahoma. 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 Chair. 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 past. 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 Virginia Electric Power Co., Chesterfield, are high-priority items. They are aimed 2, 3, 4, 5, New York. 2, 4, Virginia. at solving our long-term problem. My Consolidated Edison Company, East River, Virginia Electric Power Company, Chester 5, 6, 7, New York. field, 3, Virginia. amendment is geared to immediate, Consolidated Edison, Ravenswood, 30, New Virginia Electric Power Company, Ports short-term energy future. But we cannot York. mouth, 1, 2, Virginia. afford to forget about the present or the Deepwater Operating Company, Deepwater, Virginia Electric Power Company, Ports short-term problem. My amendment will l, 6, New Jersey. mouth, 3, 4, Virginia. off er us relief quickly and will provide Delmarva Power & Light Company, Dela Virginia Electric Power Co., Possum Point, us greater flexibility and leverage as we ware City, 1, 2, 3, 4, Delaware. 3, 4, Virginia. work toward solving our long-term en Delmarva Power & Light Company, Edge Virginia Electric Power Company, Possum ergy problems. Moor, 1, 2, Delaware. Point, 2, Virginia. Delmarva Power & Light Company, Edge Virginia Electric Power Company, York I ask unanimous consent that the text Moor, 3, 4, Delaware. town, 1, 2, Virginia. of my amendment be printed at this Delmarva Power & Light Company, Vienna, Wisconsin Public Service Corporation, point in the RECORD. 7, Maryland. Weston, 2, Wisconsin. Detroit Edison Company, River Rouge, 1, There being no objection, the amend SEC. 904. Temporary Exempttons.--Sectlon Michigan. ment was ordered to be printed in the Detroit Edison Company, St. Clair, 5, Mich 311 of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3307) ls amended RECORD, as follows: igan. On page 56, beginning on line 7, &trike all · Georgia Power, McManus, 1, 2, Georgia. by inserting a new subsection 31l(h) as through page 63, line 18, and insert: GPU: Jersey Central Power & Light Com follows: SEC. 901. Existing Electric Powerplants. pany, Sayrevllle, 4, 5, New Jersey. "(h) Temporary Exemption from Man Sec. 301 of the Powerplant and Industrial GPU: Jersey Central Power & Light Com datory Conversion.-The provisions of this Fuel Use Act of 1978 (92 Stat. 3305) ts pany, Werner, 4, New Jersey. subsection shall be applicable only to any September 1~, 1979 CONGRESSIONAL RECORD - SENATE 24129 powerplant or installation covered by an greater savings from a coal conversion, ln TABLE 111.-COMPARISON OF ANNUALIZED COSTS OF AN order or a rule issued pursuant to subsec this case 15.0 mills/kwh. It should be noted OIL PLANT CONVERTED TO COAL WITH THE OPERATING that in many cases state emissions llmlta COSTS OF AN EXISTING OIL PLANT AT VARIOUS OIL .D tions 301(c) and 302(c). COAL COSTS "(1) If the Secretary determines that the tlons can be met without an 802 scrubber. orders required by subsections 301 ( c) and In those cases the conversion savings wm 'be even higher than those described ln the at Existing oil plant High-cost converted plant 302(c) could not be satisfied without vio Oil costs Coal costs lating applicable environmental require tached tables. ments, he shall, within 180 days, prepare a Table n mustrates that retlrtng a modem Mills per Dollars per Mills per proposed waiver from such requirement. on plant and replacing it with a new coal kilowatt-hour 1 ton kilowatt-hour "(2) Such proposed waiver shall exempt faclllty can result ln electriclty cost reduc the powerp,lant or installation from the tions, due t.o the eUlbstantlaJ. differences be 10 16. 6 23. 0 24. 8 otherwise applicable environmental require tween the price o! coa.l and on. The capital 12 19. 3 25. 0 25. 8 oost est1ma.te for the new coa4 fa.o1.Uty as 14 23.0 27. 6 26.8 ments unless disapproved by the Congress 16 26.3 30. 0 27.8 within 60 days of its submission. sumes expenditures for pollution control 18 29. 5 32. 2 28.8 "(3) Such waiver shall be applicable to equipment to meet EPA's New Source Per 20 32. 7 34. 5 29.8 formance Standards (NSPS), Including a 90 22 35. 4 a single powerplant or installation and shall percent S02 soru'blber and a lbaghouse for par 24 39.2 be transmitted to the ·congress as an en ticulates. To the extent that many plants ergy action and considered ln accordance will require lees controls, the ad.vantage Qf 1 Based on 5,800,000 Btu/bbl of oil and 23,000,000 Btu/ton with the requirements of section 551 of the 00811-flred plants ls greater. of coal. Energy Polley and Conservation Act (40 The analysis assumes an oil price of $20 U.S.C. 6241) except that for the purpose of per be.rrei and a coal cost Of $30 per t.on. TABLE IV.-COAL CONVERSION CAPITAL COSTS AND thls Act, each reference to 15 calendar days The results are sensitive to the price of oll, OPERATING SAVINGS FOR A 500 MW PLANT ln such section shall be 60 calendar days." as lllustrated ln Table Ill. (In millions of dollars) SEC. 905. Permanent Exemptlons.-8ectlon Table IV estimates the capital costs and 312 of the Powerplant and Industrial Fuel operating savings !or a 500 megaw:a.tt power Act of 1978 (92 Stat. 3309) ls am.ended by Present plant under the three convemlon assump Annual value of inserting a new subsection (m) as follows: tions. Each megawatt of capacity costs Capital operatin1 operatine "(m) Permanent Exemption from Manda $96,000, '4'70,000 amd. $7'40,000 for low cost cost savings savines tory converslon.-The provisions of thls conversions, high cost oonverslons and new subsection shall be applicable only to any coal plants, respectively. The net present Low-cost conversion 1 _ 47. 5 48.4 412.0 powerplant or Installation covered by an or value of the savings per megawatt ls $824,- Hi1h-cost conversion 1 _ 235. 0 46.1 392.0 der or a rule issued pursuant to subsections 000, •784,000 and $808,000 for the three cases, New coal plant2 ______370.0 41. 3 403.9 301(c) and 302(c). respectlvely.1 "(1) If the Secretary determines that the In summ8il"y thls e.naJysls indicates that 1 Assumes 20-yr remaining life on plant. 1 Assumes 40-yr coal plant life. orders requ1red by subsections 301(c) and the U.S. can substantla.lly redlUce oll de 802(c) could not be satisfied without violat pendency while cutting electric rates and ing appllce.ble environmental requirements, whlle meeting applicable environmental QUORUM CALL he shall, within 180 days, prepare a proposed standards. walver from such requirement. Mr. FORD. Mr. President, I suggest "(2) Such proposed walver shall exempt 1 Assumes a discount rate Of 10 percent. _ the absence of a quorum. the powerplant or lnstallatlon from the The PRESIDING OFFICER. The clerk otherwise applicable environmental require TABLE 1.-COMPARISON OF ANNUALIZED COSTS OF AN OIL will call the roll. ments unless disapproved by Congress with PLANT CONVERTED TO COAL WITH THt OPERATING in 60 days of lts submlsslon. COSTS OF AN EXISTING OIL PLANTl The assistant legislative clerk pro "(3) Such waiver shall be applicable to a ceeded to call the roll. slngle powerplant or lnstallatlon and shall (Mills per- kilowatt-hour; mid-year 1979 dollars) Mr. CRANSTON. Mr. President, I ask be transmitted. to the Congress and consid Low-cost High-cost unanimous consent that the order for ered. ln accordance with the requirements of Existing coal con· coal con· the quorum call be rescinded. section 551 of the Energy Polley and Con oil version 2 version• The PRESIDING OFFICER. Without servation Act (40 u.s.c. 6241) except that Annualized capital costs:• objection, it is so ordered. for the purpose of this Act, each reference Scrubber ••• ·------· 0 1.4 2.4 to 16 calendar days ln such section shall be Boller eonversion ••••••••• 0 .4 7.7 ESP upgrade ______0 .2 .2 60 calendar days." RECESS UNTlli 5 P.M. Sze. 906. Action on Exemption Petitions. 2.0 11.3 Section 701 of the Powerplant and Industrial Fuel cost.·-·------•32.2 13.0 13.0 Mr. CRANSTON. Mr. President, I now Fuel Use Act of 1978 (92 Stat. 3329) Is Operatin1 and maintenance •• .5 2. 7 3.5 move that the Senate stand in recess amended by inserting a new subsection (I): Total. •• ___ ------32.7 17. 7 27.8 until 5 p.m. today. ••(I) A petltlon for an exemption from the The motion was agreed to, and a.t 3: 31 orders or rules required by subsections 301(c) 1 Assumes a 12.5 percent capital char1e, a 20-yr amortization p.m., the Senate recessed until 5 p.m.: and 302(c) shall be considered. ln accord period and a 65 percent capacity factor. 2 Based on these capital cost estimates: whereupon, the Senate reassembled when ance with the requirements of this section; Per kilowatt provided, however, that the Secretary shall Scrubber-SO percent control. ••• ______$65 called to order by the Presiding omcer act on each petition within 180 days of ini Boiler conversion______20 (Mr. BAUCUS). tial receipt of such petition." ESP up1rade·------·------10 Mr. CRANSTON. Mr. President, I Sze. 907. Environmental Impact State TotaL ______9s move that the Senate recess. ments.-Sectlon 763 of the Powerplant and • Based on these capital char1e estimates: Mr. GOLDWATER. Mr. President, w1l1 Industrial Fuel Use Act of 1978 (92 Stat. Per kilowatt the Senator yield? 3346) 1s amended by lnsertlng a new subsec Scrubber-90 percent control...... $110 tion (4): Boiler __ ------_ ••• ------__ -----· ____ •• ·---... 350 Mr. CRANSTON. I yield. ESP up1rade·------·------· 10 '"(4) the issuance of orders required by Mr. GOLDWATER. Some of us are subsection 301(c) and 302(c) of this Act." Total. ••• ------______---- ____ ------470 kind of interested in knowing about what 'Capital costs are converted to annualized costs usiAI the time we can get out of here. Could the Exmerr 1 formula: Capital costs X capital charee/5,694. (5,694 is the Senator inform us? total operatin2 hours per year at 65 percent capacity factor.) Mr. CRANSTON. There ls no prospect, DlsPLACINa On. Pown PLANTs WlTH OoAL: AN 'Assumes oil cost of $20tbbl and a coal cost of $30 per too. EcoNOMIC ANALYSIS I believe-I do not guarantee this-but EPA cost estimates lncU:cate that utll1t-les TABLE 11.-COMPARISON OF TOTAL ANNUALIZED COSTS oF I think there is no prospect of any roll can convert many oll-flred. pl~ts to coa.1 or A NEW COAL PLANT AND OPERATING COSTS OF AN call vote this evening. even replace existing on plants with new coal EXISTING Oil PLANT Mr. GOLDWATER. That is one bit of plants and rea.p economic savings t.o their (Mills per kilowatt-hour; mid-year 1979 dollars) encouragement. customem whlle complying with a.ppllcable Now, could we be out of here for, say, pollution standaros. New Table I below demonstrates that convert coal a 7 o'clock dinner? ing to coal ls economical even under the as Mr. cRANSTON. I would th.ink so, yes. llWDptlon that the plant undergoes a high Annualized capital costs______0 113. O Mr. GOLDWATER. I hope so because Fuel costs'------32. 2 13. o cost boller con.version, a.nd builds a 90 per Operatin1 and maintenance______• 5 4. 7 it is mighty good. I thank the Senator. cent effective 802 scrubber. 'Ihe saving tn ------I th!e ease is 4.9 mills/kWh. With iess stringent Total..______32. 7 30. 7 Mr. CRANSTON. expect we will, and control equipm~t. whloh can be applied In I am quite certain, although I do not 1 A~sumes a capital cost for the coal plant of $740/kW of many cases under existing state emlsslons capacity. promise it, that there will not be any limlt&tlons. tbe analysts shows an evecn · 'Assumes oil cost of $20/bbl and coal cost of $30/ton. rollcaJ.1. 24130 CONGRESSIONAL RECORD- SENATE September 12, 1979 Mr. GOLDWATER I will take the Sen ments will reduce program costs by an some of the kind of things that would be ator at his word. average of some $50 billion a year. necessary in order to achieve the objec Many other examples could be cited. tives of the budget resolution, it would The health legislation on which the require Senators to reverse positions RECESS UNTIL 6 P.M. Finance Committee has just completed they have taken in the past. A great Mr. CRANSTON. Mr. President, I move action will save some $700 million in the number of us have made good-faith that the Senate stand in recess until the upcoming year, but within a few years commitments to those who send us he·re hour of 6 p.m. today. those savings will be measured in the that we would not reverse our positions. The motion was agreed to, and at 5: O1 billions annually. The House of Repre We can, of course, recommend some p.m., the Senate recessed until 6 p.m.; sentatives has just sent us a social secu additional savings in trying to achieve whereupon, the Senate reassembled rity disability bill. I anticipate that the the amount that is expected in the when called to order by the Presiding Finance Committee will be able to in budget resolution as reported by the Officer anic Aot") on November 16, 1978. Michigan; Prof. Mitchell Carroll, of George This section ot FLPMA authorizes the Sec ated upon a. tract covered by a bona tide unperfected claim or ib.eld in private Washington University; Dr. A. L. Kroeber, of retary to make "emergency" wd.thdmwals ot the University of California.; Dr. G. B. public land from eJ.l :forms of eilltry and e.p ownership, the tract, or so much thereof as may be necessary for the proper care and Gordon, of the University of Pennsylvania; propri·aition :for a period o:f up to three yeen. Prof. M. H. Savllle, of Columbia. University; This wi·thd:rawal affected vtrtu'lAlly all the management of the object, may be relin quished to the Government, and the Secre Hon. John w. Foster, of Washington, D.C.; la.nds under oonsidera.tion by the Congress Prof. Wllliam Henry Holmes, of the Smith du'l"Lng the past ses.slon. tdry of the Interior ls authorized to accept Yet, even with this action, whlcll dupll the relinquishment of such tracts in behalf sonian Institution; Dr. Henry Mason Ba.um, ca.ted proteotion already provided by D-1, of the Government of the United States. president Institute of Historical Research, of the Secretaey urged the President to pro (June 8, 1906, ch. 3080, § 2, 34 Stat. 225.) Washington, D.C.; Prof. F. W. Putnam, of claim 56 m1111on acres of land a.s national Harvard University; Pro!. Edgar L. Hewett, monuments under the 1906 Antiquities Act. [Report No. 3797) formerly president of the Normal University These nationail monuments a.re not just tem PRESERVATION OF AMERICAN ANTIQUITIES of New Mexico; Msgr. Dennis J. O'Connell, por:a;ry withdira.W8Als untll Congress acts, they rector of the Catholic University of America, REPORT a.nd others. a.re perma.nently designated conserva.tlon sys The Committee on Public Lands, to whom tem units with extremely restriotdve la.n.d use Professor Seymour, of Ya.le University, poUcies. In pa.rticulu, such a.reas ve closed was referred the bill (S. 4698) for the pres president of the Archaeological Institute of ervation of American antiquities, having had to spol"t hunting, t~a.pping, a.nd relasted guid America.; Mr. Charles P. Bowditch, of the ing. In Alaska this affects hundreds of peo the same under consideration, beg leave to Boston society; Prof. Franz Boas, of the New ple who ·have hrad their livelihoods wiped out report it back with the recommendation that York society; Miss Alice Fletcher, of the the b1ll do pass. with the stroke of a. pen. Hunitil.ng guides, Baltimore society; Mrs. Sara Y. Stevenson, of trappers, miners, air taxi opemitors and rec This measure has the hearty support of the Pennsylvania. society; Dr. George A. the Archeologica.l Institute of America, the ree.tionlsts have e.U 1been ddepl~d. They ue Dor.sey, of the Chicago society; Dr. George essentially "reguJ.e..ted out" of these vast American Anthropological Association, the W1111am Bates, of the Detroit society; Prof. aireas. Smithsonian Institution, and numerous mu M. S. Slaughter, of the Wisconsin society; Thus, the use of the Antiquities Act can seums throughout the country, and in view Prof. H. N. Fowler, of the Cleveland society; only be viewed as a.n extreme a.buse Of power of the fact that the historic and prehistoric Dr. George Grant MacCurdy, of the Connecti designed to punish and initimddaite those ruins and monuments on the public lands of cut society; Dr. W. J. McGee, of the Missouri who oppose the Admlnistra.tion's proposals the United States a.re rapidly being destroyed society; Prof. M. Carroll, of the Washington for the use of Afeskla l&nd. by parties who are gathering them as relics society; Dr. Duren J. H. Ward, of the Iowa. and for the use of museums and colleges, ANTIQUrrIES ACT PROVISIONS society; Hon. H.K. Porter, M.C., of the Pitts etc., your committee are of the opinion that burgh society; Mr. Charles F. Lummis, of the The Antiquities Act was originally in their preservation ls of great importance. Southwest society; Dr. A. L. Kroeber, of the tended to prevent the removal of artifacts This bill ts carefully drawn, a.nd the com San Francisco society; Mrs. W. S. Pea.body, of and :further destruction of archaeological mittee a.re unanimously in favor of its the Colorado society; Prof. F. W. Putnam, of sites in the Southwest. It gives the President passage. the Pea.body Museum; Mr. W. H. Holmes a.nd a.uthorlty to withdraw "historic landmarks, Dr. J. W. Fewkes, of the Smithsonian Insti historic a.nd prehistoric structures, and other [Report No. 2224) tution; Hon. J. W. Foster a.nd Dr. Henry objects of historic scientific interest" a.s na PRESERVATION OF AMERICAN ANTIQUITIES Ma.son Baum, of Washington, D.C.; a.nd Hon. tional monuments. The law further provides that the land withdrawn "sha.ll be confined REPORT L. Bradford Prince, of Santa Fe, N. Mex. to the smallest area. compatible with the Your committee to whom was referred the The.se gentlemen are men of high charac proper care and management of the objects bill (H.R. 11016) for the preservation of ter who have given the subject much con to be protected." In a. floor colloquy on the American a.ntlqultles, report the same back sideration, a.nd their opinions are entitled blll in the House in 1906, the :following ex with the following amendments: to most serious consideration. change took place: In line 3, page l, after the word "shall," Prof. Edgar L. Hewett prepared a.nd pre Mr. STEPHENS of Texas. How much land insert the words "willfully or wantonly." sented your committee wlth a. very interest wlll be taken off the market in the Western In line 9, page 1, after the word "shall," ing memorandum on the ruins in Arizona, States by the passage of the blll? insert "be guilty of a. misdemeanor a.nd." New Mexico, Colorado, and Utah, which ls Mr. LACEY. Not very much. The blll pro On page 2, at the end of line 14, insert the here incorporated as a. part of this report: vides that it shall be the smallest area nec following proviso: "Provided further, That PRESERVATION OF AMERICAN ANTIQUITIES essary for the ca.re and maintenance o:f the no expense shall be incurred for special cus Mr. PATTERSON. I am directed by the Com objects to be preserved. todians under this act." mittee on Public Lands, to whom was re Mr. STEPHENS of Texas. Would it be any The various a.rcheologica.l societies of the ferred the bill (S. 4698) for preservation of thing like the :forest preserve bill, by which United States in the Fifty-eighth Congress American antiquities, to report it favorably seventy or eighty mllllon a.cres of land in the presented the subject of the enactment of a without amendment, and I submit a report United States have been tied up? bill along the lines proposed in the present thereon. I ask unanimous consent for the Mr. LACEY. Certainly not. The object ls en bUl. A full hearing was had on the matter by present consideration of the blll. tirely different. It ls to preserve these old the Committee on the Public Lands, and a. The Secretary read the bill, a.nd there being pueblos in the Southwest, whllst the other bill was reported to carry out the purpose no objection, the Senate, as in Committee of reserves the forests and the water resources. proposed, but the bill did not receive action the Whole, proceeded to its consideration. It Mr. STEPHENS of Texas. I hope . . . this in the House in the la.st Congress. provides that a.ny person who sha.11 appro blll will not result in locking up other lands. The bill as above a.mended wlll, ln the priate, excavate, injure, or destroy any his The a.reas which were designated monu opinion of your committee, accomplish the toric or prehistoric ruin or monument, or ments in Alaska have long been'studled and purpose desired. There are scattered through a.ny object of antiquity, situated on lands acclaimed by the Interior Department and out the Southwest quite a large number of owned or controlled by the Government of September 12, 1979 CONGRESSIONAL RECORD-SENATE 24137 the United States without the ·permission of ship, the tract, or so much thereof as may The blll was ordered to a third reading, the Secretary of the Department of the Gov be necessary for the proper care and man read the third time, and passed. ernment having jurisdiction over the lands agement of the object, may be relinquished On motion of Mr. Lacy, a motion to re on which said antiquities are situated, shall, to the Government, and the Secretary of the consider the vote by which the Jblll was upon conviction, be fined a sum of not more Interior ls hereby authorized to accept the passed was la.id on the table. than $500 or be imprisoned for a period of relinquishment of such tracts in behalf of not more than ninety days, or shall suffer the Government of the United States. (Public Law 94-579-0ct. 21, 1976) both fine and imprisonment, in the discretion SEC, 3. 'fhat permits for the exam!nation of FEDERAL LAND POLICY AND MANAGEMENT ACT of the court. ruins, the excavation of archaeological sites, OF 1976 Section 2 authorizes the President of the and the gathering of objects of antiquity An act to establish publlc land policy; to United States, in his discretion, to declare upon the lands under their respective juris establish guidelines for its administration; by public proclamation historic landmarks, dictions may be granted by the Secretaries to provide for the management, protection, historic and prehistoric structures, and of the Interior, Agriculture, and War to in development, and enhancement of the public other objects of historic or scientific interest stitutions which they may deem properly lands; and for other purposes. that are situated upon the lands owned or qualified to cond1,1ct such examination, exca controlled by the Government of the United vation, or g·athering, subject to such rules WITHDRAWALS States to be national monuments, and may and regulations as they may prescribe: Pro SEc. 204. ('a) On and after the effective reserve as a part thereof parcels of land, the vided, That the examinations. excavations, date of this Act the Secretary ls authorized llmits of which in all cases shall be confined and gatherings are undertaken for ·the bene to make, modify, extend, or revoke with to the smallest area compatible with the fit of reputable museums. universities. col drawals but only in accordance with the pro proper care and management of the objects leges, or other recognized scientific or educa visions and limltatlons of this section. The to be protected, but when such objects are tional institutions. with a view to increasing Secretary may delegate this withdrawal au situated upon a tract covered by a bona fide the knowledge of such objects, and that the thority only to individuals in the omce of unperfected claim or held in private owner gathering shall be made for permanent pres the Secretary who ha.ve been appointed by ship the tract, or so much thereof as may be ervation ln public museums. the President, by and with the advice and necessary for the proper care and manage SEc. 4. That the Secreta.ries of the Depart consent of the Senate. ment of the object, may be relinquished to ments aforesaid shall make and publish from (b) (1) Within thirty days of receipt of a.n the Government, and the Secretary of the time to time uniform rules and regulations applica.tlon for withdrawal, and whenever he Interior ls hereby authorized to accept the for the purpose of carrying out the provi proposes a withdrawal on his own motion, relinquishment of such tracts in behalf ot sions of this a.ct. the Secretary shall publish a notice in the the Government of the United States. The SPEAKER. Is there objection? Federal Register stating that the applica Permits for the examination of ruins, the Mr. STEPHENS of Texas. Mr. Speaker, I de tion has 1been submitted for filing or the excavation of archeological sites, and the sire to oask the gentleman whether this ap proposal has been made and the extent to gathering of objects of antiquity upon the plies to all the public la.nds or only certain which the land ls to be segregated while the lands under their respect! ve jurisdictions reservations made ln the blll? application is being considered by the Sec may be granted by the Secretaries of the In Mr. LACEY. There ls no reservation made retary. Upon publlcatlon of such notice the terior, Agriculture, and War to institutions ln the blll of any specific spot. land shall be segregated from the operation which they may deem properly qualified to Mr. STEPHENS of Texas. I think the bill of the public land laws to the extent speci conduct such examination, excavation, or would be prefera.ble lf lt covered ·a particu fied in the notice. The segregative effect of gathering, subject to such rules and regula lar spot and did cover the entire pubUc the appllcation shall terminate upon (a) tions as they may prescribe: Provided, That domain. rejection of the appllcatlon by the Secre the examinations, excavations, and gather Mr. LACEY. There has been s.n effort made tary, (b) withdrawal of lands by the Sec ings a.re undertaken for the benefit of reputa to have national parks ln s 1ome of these re retary, or (c) the expiration of two years ble mµseums, universities, colleges, or other gions, but this wlll merely make small res from the date of the notice. recognized scientific or educational institu erva.tlons where the olbjects a.re Of sumclent (2) The publlcation provisions of this sub tions, with a view to increasing the knowl interest to pre.serve them. section are not appllcable to withdrawals edge of such objects and that the gatherings Mr. STEPHENS of Texas. Will that take this under subsection (e) hereof. shall be ma.de for permanent preservation in land off the market, or can they stm lbe (c) (1) On and after the dates of approval public museums. settled on as part of the publlc domain? of this Act a withdrawal aggregating five The bill was reported to the Senate with !Mr. LACEY. It wm take that portion of the thousand acres or more may be made (or out amendment, ordered to be engrossed for reservation out of the :ma.rk.et. It ls meant such a withdrawal any other with a third reading, read the third time, and to cover the cave dlwellers a.Ild cliff dwellers. drawal involving in the aggregate five thou passed. Mr. STEPHENS Of Texas. How much land Wlll sand acres or more which terminates after be taken off the market in the Western such data of approval may be extended) PRESERVATION OF AMERICAN ANTIQUITIES States by the passage of the blll? only for a period of not more than twenty House, June 5, 1906. Mr. LACEY. Not very much. The b111 PTO ye·a.rs lby the Secretary on Ms own motion Mr. LAcY. Mr. Speaker, I ask unanimous vtdes that it shall 'be the smallest a.re.a neces or upon a request by a department or agency consent for the present consideration of the sary for the C1!.l'e a·nd maintenance of the head. bill s. 4698. objects to be presen'ed. The secretary shall notify both Houses of The clerk read as follows: Mr. STEPHENS of Texas. Would it be any Congress of such a withdrawal no later than A bill (S. 4698) for the preservation of thing like the forest-reserve bill, by which lts effective date and t'he withdrawal shall American antiquities. seventy or eighty m1lllon acres of lia.nd in terminate and become ineffective at the end Be it enacted, etc., That any person who the United States have been tied up? of ninety days (not counting days on which shall appropriate, excavate, injure, or destroy Mr. LACEY. Certainly not. The object ls en the Senate or the House of Representatives tirely different. It ls to preserve these old ob has adjourned for more than three consecu any historic or prehistoric ruin or monu 1 ment, or any object of antiquity, situated on jects of special interest and the Indian re tive days) beginning on the day notice of lands owned or controlled by the Govern ma.ins ln the pueblos in the Southwest, w'hilst such withdrawal has been submitted to the ment of the United States, without the per the other reserves the forests and the water Senate and the House of Representatives, 1f mission of the Secretary of the Department courses. the Congress has adopted a concurrent res Mr. STEPHENS of Texias. I will say that that olution stating that such House does not of the Government having jurisdiction over bill was a.lbused. I know of one plaice where the lanels on which said antiquities a.re approve the withdrawal. rt the committee ln 5 miles squiaire you could not get a cord to which a resolution has been referred dur situated, sha.11, upon conviction, be fined in of wood, and they call lt a forest, a.nd by a sum of not more than $500 or be impris such me.ans they have locked up a very ing the said ninety day period, has not re oned for a period of not more than ninety large a.res. in this country. ported t.t at the end of thirty calendar days days, or shall suffer both fine and imprison Mr. LACEY. The next 'b111 I desire to call up after its referral, it shall be in order to either ment, in the discretion of the court. is a b111 on w'hich there ls a conference report discharge the committee from further con SEC. 2. That the President of the United now on the Speaker's table, which permits sideration of such resolution or to discharge States is hereby authorized, in his discre the opening up of specified tracts of agri the committee from consideration of any tion, to declare by public proclamation cultural lands where they can be used, by other resolution with respect to the Presi historic landmarks. historic ·and prehistoric w'hlch the very evil that my friend is pro dential recommendation. A motion to dis structures, and other objects of hl.sitorlc or testing against can be remedied. It ls House charge may be made only by an individual scientific interest that are situated uoon the blll 1757'6, which h:as passed both bodies, favoring the resolution, shall be highly priv lands owned or controlled by the Govern and there is a conference report !'Or concur ileged (except that it may not be made ment of the United States to be national renice as to the details upon the Speaker's after the committee has reported such a mounuments, and may reserve as a. pa.rt table. resolution), and debate thereon shall be thereof pa.reels of land, the limits of which Mir. STEPHENS of Texas. I hope the gentle llmited to not more than one hour, to be in all cases shall be confined to the smallest man will succeed in passing that lb111, and divided equally between those favoring and area compatible with the proper ca.re and this bil1 will not result ln locking up other those opposing the resolution. An amend management of the objects to be protected: lands. I have no objection to its considera ment to the motion shall not be ln order, Provided. That when such obJects are sit tion. and it shall not be in order to move to re uated upon a tract covered by a bona fide The SPEAKER. Is there objection? [After a consider the vote by which the motion was unperfected claim or held in private owner- pause.] The Chair hears none. agreed to or disagreed to. If the motion to 24138 CONGRESSIONAL RECORD-SENATE September 12, 1979 discha.rge ls agreed to or disagreed to, the ( e) When the Secretary determines, or agement and of lands which, on the date of motion may not be made with respect to · when the Committee on Interior and Insular approval of this Act, were part of Indian any other resolution with respect to the same Affairs of either the House of Representatives reservations and other Indian holdings, the Presidential recommendation. When the or the Senate notifies the Secretary, that an National Forest System, the National Park committee has reported, or has been dis emergency situation exists and t•hat extraor System, the National Wildlife Refuge Sys charged from further conslderatlon of a dinary measures must be taken to preserve tem, other lands administered by the Fish resolution, it shall at any time tiherea.fter values that would otherwise be lost, the Sec and Wildlife Service or the Secretary , be in order (even though a previous motion retary notwithstanding the provisions of sub through the Fish and Wildlife Service, the to the same effect has been disagreed to) sections ( c) ( 1) and ( d) of this section, shall National Wild and Scenic Rivers System, and to move to proceed to the consideration of immediately make a withdrawal and file no the National System of Trails; and (2) all the resolution. The motion shall be highly tice of such emergency withdrawal with the public lands administered by the Bureau of prlvlleged and shall not be debatable. An Committees on Interior and Insular Affairs Land Management and of lands in the Na amendment to the motion shall not be in of the Senate and the House of Representa tional Forest System (except those in wil order, a.nd it shall not be 1lil order to move tives. Such emergency withdrawal shall be derness areas, and those areas formally iden to reconsider the vote by which the motion effective when made but shall last only for tified as primitive or natural areas or desig was agreed .to or disagreed to. a period not to exceed three years and may nated as national recreation areas) which (2) Within the notices required by sub not be extended except under tlhe provisions closed the lands to appropriation under the section (c) (1) of this section and within of subsection (c) (1) or (d). whichever ls ap Mining Law of 1872 ( 17 Stat. 91, as amended; three months a.fter filing the notice under plicable, and (b) (1) of this section. The in 30 U.S.C. 22 et seq.) or to leasing under the subsection ( e) of this section, ·the secretary formation required in subsection (c) (2) of Mineral Leasing Act of 1920 (41 Stat. 437, as shall furnish to the commlttees- this subsection shall be furnished the com amended; 30 U.S.C. 181 et seq.). (1) a clear explanation of the proposed mittees within three montlhs after filing such (2) In the review required by para.graph use of the land involved whloh lead to the notice. ( 1) of this subsection, the secretary shall withdrawal; (f) All withdrawals and extensions thereof, determine whether, and for how long, the (2) an inventory and evaluation of the whether made prior to or aflter approval of continuation of the existing withdrawal of current natural resource uses and values of this Act, having a specific period shall be re the lands would be, in his judgment, con the site and adjacent public and nonpublic viewed by the Secretary toward tlhe end of sistent with the statutory obje.ctives of the land and how it appears they wm be affected the withdrawal period and may be extended programs for which the lands were dedicated by the proposed use, including particularly or further extended only upon compliance 1md of the other relevant programs. The sec aspects of use that might cause degrada with the provisions of subsection (c) (1) or retary shall report his recommendations to tion of the environment, and also the eco (d), whichever ls a..pplicable, and only if the the President, together with statements of nomic impact of the change in use on indi Secretary determines that tlhe purpose for concurrence or nonconcurrence submitted by viduals, local communities, and the Nation; which the withdrawal was first made requires the heads of the departments or agencies (3) an identification of present users of the extension, and then only for a period no which administer the lands. The President the land involved and how they wm be af longer than the length of the original with shall transmit this report to the President fected by the proposed use; drawal period. The Secretary shall report on of the Senate and the Speaker of the House (4) an analysis of the manner in which such review and extensions to the Commit of Representatives, together with his recom existing and potential resource uses are in tees on Interior and Insul·ar Affairs to the mendations for action by the secretary, or compatible with or in conftlct with the pro House of Representatives and the Senate. for legislation. The Secretary may act to ter posed use, together with a statement of the (g) All applications for withdrawal pend minate withdrawals other than those made provisions to be made for continuation or ing on the date of approval of this Act sha.11 by Act of the Congress in accordance with termination of existing uses, including an be processed and adjudicated to conclusion the recommendations of the President un economic analysis of such continuation or within fifteen years of· the date of approval less before the end of ninety days (not count termination; of this Aot, in accordance with the provisions ing days on which the Senate and the House ( 5) an analysis of the manner in which of this section. The segregative effect of any of Representatives has adjourned for more such lands wm be used in relation to the application not so processed shall terminate than three consecutive days) beginning on specific requirements for the proposed use; on that date. the day the report of the President has been (6) a statement as to whether any suit submitted to the senate and the House of able alternative sites are available (includ (h) All new wltlhdrawals made by the Sec Representatives the Congress has adopted a ing cost estimates) for the proposed use or retary under this section (except an emer gency withdrawal made under subsection (e) concurrent resolution indicating otherwise. for uses such a withdrawal would displace; If the committee to which a resolution has (7) a statement of the consultation which of this section) shall be promulgated a.fter an bee·n referred during the said ninety day has been or wm be had with other Federal opportunity for a public hearing. period, has not reported it at the end of departments and agencies, with regional, (1) In the case of lands under the admin thirty calendar days after its referral, it shall State, and local government bodies, and with istration of any department or agency other be in order to e'1ther discharge the commit other appropriate individuals and groups; than the Department of the Interior, the tee from further consideration of such reso (8) a statement indicating the effect of Secretary shall make, modify, and revoke lution or to discharge the committee from the proposed uses, if any, on State and local withdrawals only with the consent of the consideration of any other resolution with government interests and the regional econ head of the department or agency concerned, respect to the Presidential recommendation. omy; except when the provisions of subsection A motion to discharge may be ma.de only by (9) a statement of the expected length of (e) of this section apply. an individual favoring the resolution, shall time needed for the withdrawal; (j) The Secretary shall not make, modtty, be highly privileged (except that it may not ( 10) the time and place of hearings and of or revoke any withdrawal created by Act of be ma.de after the committee has reported other public involvement concerning such Congress; make a. withdrawal which can be such a resolution), and debate thereon shall withdrawal; made only by Act of Congress; modify or be limited to not more than one hour, to be ( 11) the place where the records on the revoke any withdrawal creating national divided equally between those favoring and withdrawal can 'be examined by interested monuments under the Act of June 8, 1906 those opposing the resolution. An amend parties; and (34 Stat. 225; 16 U.S.C. 431-433); or modify, ment to the motion shall not be in order, and ( 12) a report prepared by a qualified min or revoke any withdrawal which added lands it shall not be in order to move to reconsider ing engineer, engineering geologist, or geolo to the National Wlldllfe Refuge System prior the vote by which the motion was agreed to gist which shall include but not be limited to the date of approval of this Act or Which or disagreed to. If the motion to discharge ls to information on: general geology, known thereafter adds lands to that System under agreed to or disagreed to, the motion may mineral deposits, past and present mineral the terms of this Act. Nothing in this Act not be ma.de with respect to any other reso production, mining claims, minerals leases, ls intended to modify or change any provi lution with respect to the same Presidential evaluation of future mineral potential, pres sion of the Act of February 27, 1976 (90 recommendation. When the committee has ent, and potential market demands. Stat. 199; 16 U.S.C. 668dd(a.)). reprinted, or has been discharged from fur (d) A withdrawal aggregating less than ther consideration of a resolution, It shall at five thousand acres may be made under this (k) There ls hereby authorized to be ap propriated the sum of $10,000,000 for the any time thereafter be in order (even though subsection by the Secretary on his own mo a previous motion to the same effect has been tion or upon request by a department or an purpose of processing withdrawal applica tions pending on the effective date of this disagreed to) to move to proceed to the con agency head- sideration of the resolution. The motion shall ( 1) for such period of time as he deems Act, to be avallable until expended. desirable or a resource use; or (1) (1) The Secretary shall, within fifteen be highly privileged and shall not be debat (2) for a period of not more ithan twenty years of tb.e date of enactment of this Act, able. An amendment to the motion shall not years for any other use, including but not review withdrawals existing on the date of be in order, and it shall not be In order to limited to use for administrative sites, loca approval of this Act, in the States of Arizona, move to reconsider the vote by which the tion of fac111ties, and other proprietary pur California, Colorado, Idaho, Montana, Ne motion was agreed to or disagreed to. poses; or vada, New Mexico, Oregon, Utah, Washing (3) There are hereby authorized to be ap (3) for a period of not more than five years ton, and Wyoming of ( 1) all Federal lands propriated not more than $10,000,000 for the to preserve suoh traot for a specific use then other than withdrawals of the public lands purpose of paragraph ( 1) of this subsection under consideration by the Congress. administered by the Bureau of Land- Man- to be available until expended to the Secre- September 12, 1979 CONGRESSIONAL RECORD- SENATE 24139 tary and to the heads of other departments at the time a National Monument ls esta·, .. boating, and use of motorized vehicles, not and agencies which will be involved. lished will not be prohibited unless the ~' impacting the historic or archaeological sites PoBLIC LANDS COUNCIL, directly impact historic or archaeological or remains for which a national monument Washington, D.O. sites or remains; and was created under the 1906 Antiquities Act, NATIONAL CATTLEMEN'S 3. Define "objects of historic or scientific be allowed to continue; and be it AssoCIATION, interest" as used In the Antiquities Act of Further resolved that a. more precise def Denver, Colo. 1906 to Include only historic, archaeological inition o! "objects o! historic or scientific NATIONAL WooL GaoWEBS remains associated wlth human behavior; interest" as used in the 1906 Antiquities Act AssOCIATION, and be required to avoid having almost any land Waahfngton, D.O. 4. Provide more direct, positive congres proclaimed a national monument; and be it sional review of administrative land with Further resolved that sec. 204(c) of the JVLT 12, 1979. drawals: Federal Land Polley and Management Act Senator MIKE GRAVEL, Be It Further Resolved. that the Executive of 1976 be amended to require Congressional Dirksen Building, Director be and he ls hereby authorized and approval !or administrative land withdrawals Waahtngton, D.O. directed to forward copies of this Resolution instead of the existing Congressional veto. DEAR SENATOR GRAVEL: A formal note to In to the President of the United States, the Coples of this resolution shall be sent to sure our support for your blll S. 1176, "An Secretary of Interior, the Congressional the Honorable Jimmy Carter, President of Act for The Preservation of American Antiq Delegations and Governors of the Task Force the United States; the Honorable Cecil D. uities." member states. Andrus, Secretary of the Interior; the Hon Please keep us Informed as to any action Upon motion by Representative Oral Free orable Henry S. Jackson, Chairman of the which you feel we could undertake to en man of Alaska, seconded by Senator Lowell Senate Committee on Energy and Natural hance enactment of this measure. Peterson of Washington, the foregoing Res Resources; the Honorable Morris K. Udall, Sincerely, olution was unanimously passed and adopted Chairman of the House Committee on In RoNALD A. MICHIELI, by the Western States Legislative Forestry terior and Insular Affairs; the Honorable Director, Government AIJairs for Land Task Force at a regular meeting thereof on John B. Breaux, Chairman of the House Subcommittee on Fisheries and Wildlife and Natural Resources-NOA, Execu March 26, 1979, held in the Rayburn Hou ~ tive Director-PLO. omce Building in Washington, D.C. Conservation and the Environment; the Honorable John M. Murphy, Chairman of the RICHARD A. ROBYN, [Western States Legislative Forestry Task Eucutive Director. House Committee on Merchant Marine and Force] Fisheries; the members of the Special Task Force on Alaska Lands; John W. Katz, Spe A RESOLlJTION RELATIVE TO LuuTnfo Paa!• RESOLUTION cial Counsel to the Governor o! Alaska on DENTIAL POWERS UNDER ANTIQUITIES ACT Be it Resolved by the House of Representa (d) (2) Lands; Earl Mlller, President of the Whereas, the "property clause" of the U.S. tives: Citizens for the Management of Alaska Constitution reserves unto Congress the au Where as the vast areas of land in Alaska Lands; and to the Honorable Ted Stevens thority to appropriate federal lands; and withdrawn under the 1906 Antiquities Act and the Honorable Mike Gravel, U.S. Sen Whereas, the 95th Congress considered and the Federal Land Polley and Manage ators, and the Honorable Don Young, U.S. legislation directed to appropriation of large ment Act of 1976 by the President of the Representative, members of the Alaska dele quantities of federal lands In Alaska and re United States and the Secretary of the Inte gation in Congress.e fused to pass such legislation: and rior far exceed any reasonable concern for Whereas, the 96th Congress ls again con the temporary protection of the land un tll sidering such federal land appropriation pro such time as Congress can dispose of it as By Mr. MELCHER: posals; and provided for In 17(d) (2) of the Alaska Native S. 1742. A bill to provide legal author Whereas, In December of 1978, notwith Claims Settlement Act of 1971; and ity for Soil Conservation Service em standing the appropriate provisions of the Whereas the 1906 Antiquities Act was ployees to assist in local search and U.S. Constitution, acted to declare 17 Na originally intended to protect archaeological rescue operations when called upon by tional Monuments In Alaska totaling some sites In the Southwest, and not to close large responsible local authorities; to the 56 mllllon acres, relying upon provisions of tracts of land to exploration for and devel Committee on Agriculture, Nutrition. the Antiquities Act of 1906; and opment of oil, gas, minerals, and other and Forestry. Whereas, the Antiquities Act ls Intended natural resources; and Mr. MELCHER. Mr. President, I have to grant to the President the authority to Whereas the effect of creating 17 national protect "objects of historic or scientific In monuments In Alaska, covering approxi just sent to the desk a bill to give the terest" In the "smallest area compatible mately 56,000,000 acres under the 1906 Antiq soil conservation districts legal authority with the proper care and management of the uities Act, and withdrawing approximately to assist in local search and rescue opera objects"; and 40,000,000 acres under sec. 204(c) of the tions resulting from such emergencies as Whereas, the President In declaring such Federal Land Polley and Management Act of fires, snowstorms, earthquakes, and simi 17 National Monuments clearly exceeded the 1976, not only prevents the exploration for lar disasters. authority granted pursuant to the Antiqui and ut111zation of natural resources for the The need for the bill is explained in ties Act of 1906 and usurped authority re. benefit of the whole Nation, but also blocks the bill itself, so I ask unanimous con served to Congress; and access to adjacent areas which have high Whereas, the Secretary of Interior with natural resources potential; and sent that the measure-a short one-be drew an additional 4-0 mllllon acres of federal Whereas It makes no sense that while the printed in the RECORD at the conclusion lands In Alaska as wildllfe refuges In reliance Nation ls experiencing a continuing and in of my remarks. upon authority granted the Secretary of In creasing dependency on foreign oil at great In a nutshell, the soil conservation dis terior by the BLM Organic Act with respect cost, and frequently from unstable and un tricts, which often have the only spe to emergency situations; and reliable foreign sources, the Nation should cialized equipment able to get to disaster Whereas, the action of the Secretary of foreclose opportunities for development of victims, cannot as responsible members Interior was precipitous and not for the pur energy resources and non-fuel minerals at of a community, refuse to assist on pose of dealing with a true emergency; and home; and Whereas, the actions of the President and Whereas a majority of the American public search and rescue operations, yet they his Secretary of Interior resulting 1n the in favors exploration1 for energy resources within lack the legal authority to do so. The bill credibly large federal land withdrawals have federal wlldemess areas; simply legalizes such assistance. caused substantial harm to many Alaskans Be It resolved that the Alaska House of There being no objection, the bill was as well as clouding the ablllty of our nation Representatives wholeheartedly supports ordered to be printed in the RECORD, as to realize lmportant energy and mineral proposed legislation presently being circu follows: potential contained in such lands; and lated 1n Congress that would curb the powers s. 1742 Whereas, the Congress may re~edy the of the President of the United States and of harm caused by the precipitous acts of the the Secretary of the Interior to arbitrarily Be it enacted. by the Senate and. House President and the Secretary of the Interior withdraw federal land under the 1906 Antiq of Representatives of the United. States Now, Therefore, Be It Resolved that the uities Act and the Federal Land Polley and of America in Congress assembled., That Western States Legislative Forestry Task legal authority be provided to allow Soll Management Act of 1976 without Congres Conservation employees to assist in local Force does hereby support legislation that sional approval; and be It search and rescue operations when requested would: Further resolved that the Alaska House by responsible local authorities. Such assist 1. Require any proposal to create National of Representatives favors an amendment to ance to be provided as a result o! emer Monuments aggregating more than 5,000 the 1906 Antiquities Act to require that the gencies caused by fires, flood, snow storms, acres of federal land located 1n any one state creation of any national monument In ex earthquakes, and similar disasters. be submitted to Congress for approval by cess o! 5,000 acres under the Act be approved joint resolutluon under expedited procedures by Congress by concurrent resolution; and FINDINGS similar to those under the Alaska Natural be It SEc. 2. The Congress finds that-- Gas Transportation Act; and Further resolved that existing land uses, ( 1) On occasion due to their broad knowl 2. Provide that land uses validly occurring including hunting, _mining, guiding, hiking, edge of the work area, snow survival and 24140 CONGRESSIONAL RECORD- SENATE September 12, 1979 other training and specialized equipment, Resolution 85, to authorize and request visions of the Federal reclamation laws, Soil Conservation Service employees and the President to proclaim the week of as amended and supplemented, and for equipment are called upon to assist in September 16-22, 1979, as National Meals other purposes. emergencies such as finding lost, stranded, or injured persons. Often the Soil Conserva on Wheels Week. FULL COST OF IRRIGATORS tion Service employee is the only specially SENATE JOINT RESOLUTION 96 • Mr. MORGAN. Mr. President, there trained person immediately available. Spe At the request of Mr. GOLDWATER, the has been heated and constant contro cialized Soil Conservation Service equipment Senator from California full cost concept. Farmers who are in At the request of Mr. WALLOP, the Mr. FORD submitted an amendment excess of 1,280 acres would have to pay Senator from North Carolina On page 12, beginning with llne 10, strike c?mm1tted on that date to its construc Mr. HOLLINGS submitted two amend out all through llne 21. t~on, reconstruction, erection, or acquisi ments intended to be proposed by him to On page 12, line 22, strike out "(d)" and tion. insert in lleu thereof " ( b) ". Senate Concurrent Resolution 36, supra. On page 16, between lines 15 and 16, insert s. 1880 the following: At the request of Mr. HATCH, the Sena (k) (1) Nothing in this act nor in any tor from North Dakota Mississippi River to be a bank clerk at $3 a week for the rest • Mr. JACKSON. Mr. President, I would and that he was the man who appeared in of his life, just to live in the United States." like to announce for the inf'Ormation of the first public demonstration o! television In late 1898 Hoover left Australia !or a new the Senate and the public, the scheduling 1n 1927. and more responsible mining position in 24142 CONGRESSIONAL RECORD - SENATE September 12, 1979 China.. Once more Herbert Hoover, not yet plated and even threatened resignation._ often with eloquence, the philosophy he twenty-five yea.rs old, found himself living Hoover, of course, did not quit, but his pro forged in the aftermath of World War I. a.mong strangers a.nd encountering a. foreign lo11ged exposure to .the emotions of war and Speaking before a Boy's Club in 1940, !or civ111za.tion. the ancient antagonisms of Europe was a dis example, he said: At this point we ca.n detect one of the lllusioning encounter. "By a classless America our forefathers threads of Herbert Hoover's early life. From In 1917 Hoover sailed back to America to meant far more than a sociological expres the cornfields here in Iowa. to the orchards direct our wartime Food Administration. But sion. There were to be stratifications in life of Oregon, to the spacious acres of Stanford within two yea.rs he returned once more, that handicapped the rise of a.ny boy from University, to the rugged Sierra. Neva.da.s, to this time to feed Europe while President the 1bottom to the top .... The human par the dusty goldfields of Australia., even to Woodrow Wilson strove to draft a peace ticles should move freely in the social solu the coal mines of northern China., we dis treaty at Versa.mes. From November 1918 to tion. This idea of a fiuid classless society was cern a. repeated pattern: Herbert Hoover's September 1919 Herbert Hoover crisscrossed unique in the world. It wa.s the point at early days were spent on or near frontiers. Europe as Director-Genera.I of the American which our social structure departed from all His wa.s largely a.n outdoor life, lived in en Relief Administration, organizing the supply others." vironments which rewarded initiative, in of food for starving millions anq fa.c1llta.ting And always he drew the contrast between dustry, resourcefulness, a.nd merit. Since the the emergence of stable economies. The grim the America he loved and the Old World with da.y when Hoover's ancestor, Andreas Huber, alternative wa.s chaos, fa.mine, a. new genera its pestilent ideologies. Listen to his words landed in Philadelphia. from the Old World tion of embittered Europeans, a.nd the possl here in West Branch in 1948: in 1738, the Hoover clan ha.d moved gradu billty of Communist revolution over much of "I have seen the squalor of Asia, the frozen ally westward, until, with Herbert, the trek the continent. class barriers of Europe. And I was not a circled the globe. Benjamin Franklin is sup But it Hoover could take comfort from his tourist...• posed to have said that America is a. country outstanding humanitarian a.ccc·mplishment "My every frequent homecoming has been where we a.sk of a ma.n not "Who ls he?" but ln postwar Europe, there wa.s much that he a reaffirmation of the glory of America. Each "What ca.n he do?". Hoover's wa.s a. society saw which profoundly alarmed him a.nd time my soul was washed by the relief from populated substantially by people who held helped to determine his future political grinding poverty of other nations, by the this attitude a.nd who ha.d moved a.way from thought. The New World, he came to believe, greater kindliness and frankness which a constricted and stratified civ111za.tion. wa.s remote from .the imperialism, fanatic comes from the acceptance of equality and a In late 1901 Hoover left China. for England ideologies, racial antipathies, dictatorships, belief in wide-open opportunity to all who and a. partnership in an eminent firm of min power politics, and clia.ss stratification of Eu want a chance." ing engineers. Until World Wa.r I, London, rope. As he later expressed it tn his Memoirs, How, though, could equality of opportuni England wa.s his base of operations while he "the forces which lay behind the rejection of ty be preserved? For Hoover there were many traveled continua.Uy, inspecting, financing, American ldea.s at Paris ln 1919 were fa.r answers. One, perhaps the most crucial, was and developing mines from Burma. to Aus deeper than the intrigues of diplomacy or our educational system. Another mechanism, tralia, from South Af·rica. to Siberia.. For some the foibles of European statesmen. Here was in Hoover's eyes, was the Boys Club move Americans with similar careers the tempta the collision of civilizations that had grown ment; tn it, he claimed, "there is a restora tion might have been irresistible to become three hundred years apart." tion of equal opportunity with all the other a.n expatriate. For Herbert Hoover, if anything In 1921 Hoover beciame Secretary of Com boys." Indeed, ma.ny of Hoover's governmen the opposite wa.s true. Throughout these merce of the United States; in 1929 he be tal policies and charitable ia.ctivities over the yea.rs abroad, his thoughts turned often to came President. Of the thirty-eight men who yea.rs, including his long concern with child ward his native land. As early a.s 1907 he ex have occupied the Oval Office, Herbert Hoo welfare, acquire a. kind of thematic unity lf pressed to the President of Stanford Uni ver undoubtedly enjoyed more extensive ac we perceive them as attemp·ts to promote versity his longings to retire from his pro quaintance with foreign peoples and their equality of opportunity for a.11 Americans, fession and to turn to a. life of service in the social systems than any of his predecessors especially the young. United States. or successors. In another respect, too, he was It was pa.rt of Herbert Hoover's ordeal in his And all the while, Hoover wa.s observing, unusual: he attempted to distlll from his later years that the vision of America that he analyzing, and evaluating the social systems unique experiences a coherent understanding expressed came to seem abstract and of the Old World a.nd the New. Long voyages of the American experiment thiat he cher anachronistic for many Americans. It was all at sea. gave him a.n opportunity to read about ished. right for Hoover to exol the social system the politics, economics, a.nd culture of coun According to Hoover, the revolutionary up that had produced him, many people seemed tries a.11 over the earth. One of these ocean heavals of World War I and its aftermath to think, .but were his tributes to America's trips, a. British lady asked him what his pro had produced a world in ferment. In this traditional ¥alues truly relevant any longer, fession wa.s. An engineer, he said. "Why," she cauldron, several ideologies (he called them now that the continent was settled and we exclaimed, "I thought you were a gentle "social philosophies") were competing for lived in a.n industrialized society? Wasn't man!" This anecdote, which Hoover recounts the minds of men-among them Commu America's pioneer pa.st over now, and with lt in his Memoirs, epitomizes, I think, his dis nism, Socialism, Nazism, Syndicalism. To the supposedly outmoded values of individ taste for the class consciousness a.nd social Hoover, who hiad seen the vicious results ualism, neighborly cooperation, a.nd private rigidities of Europe. From all of this h<1 that emanate from a blending of "bestial ini tia. tive? turned. In a revealing letter written to an instincts" with idea.Ustic humanitarian jar Herbert Hoover responded forcefully to American friend in 1912 Hoover observed: gon, the need for a definition of the American such criticisms. It was not the mere acci "The American is always an alien abroad. system was urgent. He ca.lied this system dental avallab111ty of abundant land and nat He never can assimilate, nor do other peoples "American Indivldua.lism." ural resources that had blessed America, he ever accept him otherwise than as a for insisted. It wa.s our social system, animated eigner. By this he did not mean unfettered, old fa.shioned lialssez-falre. Hoover wa.s anxious by the ideal of human freedom. To Hoover "His own heart ls ln hls own country, and the principles of American Individualism yet there is less and less of a niche for him that individual initiative always be stimu lated and rewarded, but it must, he said, be were not anemic platitudes, to be uttered, when he returns.... I am disgusted with perhaps, on the Fourth of July. And he myself when I thlnk how much better o1f "tempered" by "that firm and fixed ideal of American individualism-an equality of op warned against the notion, increasingly fash you people are who stuck by your own coun ionable today, that America has become a try and place. When you walk down the portunity." Equality of opportunity-this, in Hoover's words, was "our most precious so closed, stagnant society in which progress street you meet a hundred men who have has irrevocably halted. This, he said, "ls the a genuine plea.sure ln greeting you. I am an cial ideal." Hoover insisted that equal op portunity a.nd a. "fair chance" for individua.ls concept of a. static nation. It is necessarily alien who gets a grin once ln nine months." the philosophy of decadence. No society can Two years later, the confiagratlon of World to develop their abllities were "the sole source of progress" and the principal impulse behind become static, it must go forward or Wa.r I changed the course of Herbert Hoover's back. . . . No society wm function without life. While huge European a.rmles bogged American civ111zation. confidence ln its future opportunities." down in the trenches, Herbert Hoover, work Hoover did not believe that equality of op Now some of you may believe that Hoover's ing without pa.y, directed the Commlsslon portunity was automatically self-sustaining viewpoint is irretrievably outmoded. Certain for Relief in Belgium, a neutral organization in a modern, technological economy. A cer ly it is true that America-and the very na which procured and distributed food to the tain me·asure of governmental regulation a.nd ture of our government-have altered in the civ111an population of Belgium, caught be guidance, some governmental legislation, half century since he was President. A half tween the German army of occupation and were necessary, he felt, to prevent inequality century ls a very long time. the British naval blockade. It was a. noble of opportunity a.nd the throttling of indi And yet I suggest that there ls today an undertaking which ultimately brought food vidua.l initiative. But the nature and extent increasing resonance to Herbert Hoover's phi to 10,000,000 people a day and which cata of this government involvement must be losophy, more than a decade after his death. pulted Hoover to worldwide fame a.s a hu oarefully defined and, above all, kept consist The challenges we confront raise philosophi man! tartan. ent with the broad American traditions of cal questions to which Hoover's answers de But behind the uplifting routine of pro voluntary cooperation, local self-government, serve our attention. Consider, for instance, viding daily food to needy Belgians la.y a a.nd individual initiative. While not un the increasingly pervasive, and legally coun depressing world of conspiracy, national riv mindful of the faults of unchecked capital tenanced, use of quotas in the hiring of men alry, and festering intrigue. Many times, ism, Hoover was an uncompromising foe of and women for jobs in business, universities, weary from incessant confitcts wlth one or socialism and the totalitarian state. and government. In our commendable desire another belltgerent power, Hoover contem- For the rest of his life Hoover expounded, to eliminate past discrimination, are we not September 12, 1979 CONGRESSIONAL RECORD - SENATE 24143 perhaps invoking an antithetic creed, which out the entire world and from late 1930 tors who have served as committee measures us by the crude and irrelevant cate until July 8, 1932, the stock decline was chairmen. gories of race, gender, and ethnic origin? Her precipitous and virtually uninterrupted. In honor of this fact, I wish today bert Hoover's philosophy has much to say on July 8 marked the low of 41.22 on the Dow this point. Jones average, a collapse of 89 percent from to print in the RECORD an article entitled Or consider the much-discussed "energy the all-time peak 34 months earlier. "Congressional Committee Chairmen crisis." If Herbert Hoover were living today, Can it happen again? from Oklahoma, 1907-37" which was I suspect that as a life-long champion of Of course it can! written by Philip A. Grant, Jr., associate efficiency and the elimination of waste he Will it happen again? professor of history, at Pace University would vigorously encourage efforts towards I, personally, am convinced there need in New York. conservation of our resources. But he would never be and there will not be another This article was originally printed in ad.so stress that a far more precious resource holocaust of the magnitude of 1929-32, but than oil must not be allowed to atrophy. if it does happen, it will take an entirely the spring 1979 issue of Chronicles of This 1s our social energy. And the source different form. Oklahoma. The text is as follows: of t'his liberating social energy is not an The stock market collapse of 1929 sig CONGRESSIONAL COMMITTEE CHAIRMEN FROM overweening, coercive, stultifying, bureau naled the approaching, paralyzing depres OKLAHOMA, 1907-37 cratic government but free men and women, sion of the 1930s-and, as Dr. William C. (By Phil1p A. Grant, Jr.) uncommon men and women, competing a.nd Freund, senior vice president and chief Between the admission of Oklahoma into cooperating voluntarily 1n an open, fluid economist of the New York Stock Exchange, the Union and the thirtieth anniversary of society. It ls a proper function of govern put it to me during a lengthy discussion of ment, I think he would say, to stimulate statehood on November 16, 1937, many dis this recently. "Undoubtedly, the market tinguished Oklahomans served in the House initiative and to footer its harmonious use. break itself contributed to the severity of It ls not the proper function of govern of Representatives and Senate of the United that depression." States. Although one of our nation's lea.st me.nt t·o try to monopollze social energy like Any of us would be fools, though, if we a gLa.nt parasitic sponge. populous states t?:iroughout this eventful categorically denied the possibility of thirty year period, Oklahoma furnished a. Finally, I have emphasized today the roots another giant break in stock prices. of Herbert Hoover's philosophy in the con notably high percentage .of the overall num This time, the break in stock prices might ber of coxnmlttee chairmen. Eleven heads of trast he perceived between the Old World be set off by an inflationary blow-off in this and the New. I a.s·k you, in closing, to pon standing congressional committees were from nation and the world destroying confi the Sooner State. der a.new the ghastly pra.citlcad. consequences dence in any investment in "paper," and of some of the alternative soci·al philosophies Three Oklahomans presided over commit so undermining the functioning of our tees in the House of Representatives prior which have motivated men and women in international monetary system that trade this often 'bloody centucy. Oonslder the tens to 1917. They were congressmen Bird S. among nations would grind to a near stand McGuire of Pawnee, William W. Hastings of of mllllons who have perished in the Gulag still. The blow-out would then ripple out Archipelago. Consld.er the death camps at Tahlequah, and James V. Mcclintic of Sny to cause a rash of bankruptcies among busi der. Their combined congressional tenure Auschwitz. Consider, today, the agony of the nesses, a collapse of the dangerously swollen Vietnamese boat people who would literally extended over fifty years. credit bubble, an upsurge in unemployment, McGuire was Oklahoma's sole delegate in rather run the risk of drowning at sea than foreclosures of vastly overextended mort live under the "sociaJ. philosophy" called Congress during its final four years as a tei: gage credit, repossessions of goods bought ritory. Thereafter, he served four terms as Communism. on installment loans the debtors could not Free societies, such a.s the one we today a congressman during the administrations of repay. Theodore Roosevelt, William Howard Ta!t, enjoy, a.re a rarity in human history, and The scenario becomes more scary even as they are noit self-sustaining. To survive they and Woodrow Wilson. One of the principal I write it-and your imagination ls almost leaders of the Republican party in Oklahoma, require a cogent understanding of their surely as active as mine. fundamental, undergirding values. This he was Chairman of the House Committee A plunge in stock prices at this 50th an on Exnenditures in the Interior Department Herbert Hoover realized. He spent much of niversary of '29 ls "much less likely now his life attempting to apply these values between 1909 and 1911. when stocks have shown no price trend for In 1915. Hastings began the first of nine and to tea.ch us what he le3.l'lled. If you ex so many years, indeed have been conspicu amine the record of what he did and wha.t terms in Congress. Like McGuire, he chaired ous in their lackluster performance com the CommiUee on Exnendltures in the In he said, you wm find that he speaks to us pared to other assets, from antiques to coins, stlll. terior Department. The years of Hastings' to gold, to real estate," Freund said. chairmanship coincided v1th the period of "If you compel me to state a judgment Am~,.ica's involvement in World Wsr I. HISTORY CAN'T REPEAT 1929 STOCK CRASH publicly, I would say stocks are a buy at (By Sylvia Porter) After serving his political apprenticeship these levels, not a sale," added Stan West, in both houses of the Oklahoma. Legislature, It was 50 years a.go yesterday-Sept. 3, the NYSE's vice president in charge of McClintlc was first elected to Congress in 1929-that the U.S. stock market reached research. 1914. His two decades in the House paralleled the highest level ever achieved until that (MIT economist Professor Franco Modig the administrations of five presidents. Mc time, followed by a series of violent selling liani recently wrote that stock prices should Clintic was Chairman of the Committee on attacks which were to culminate in the be twice as high as they are on the basis of Expend! tures on Public Buildings from 1917 convulsion of Oct. 29. real or inflation-adjusted profits.) to 1919. Until that Sept. 3, stock prices had There is no disputing that we have learned Among other Oklahomans who held com climbed steadily from August, 1921. Meas Keynesian economics and have carried some mittee chairmanships between 1907 and 1937, ured by the familiar Dow Jones average, of its theories too far, Freund and West were United States Representatives Charles industrial stocks had soared six-fold, from emphasized again and again as we talked D. Carter of Ardmore, Scott Ferris of Lawton, 63.90 to the all-time peak of 381.17. through the hours. (Keynes defined the Will Rogers of Oklahoma City, and United "Oct. 29" was the infamous Black Tues legitimacy of government intervention as the States Senator John W. Harreld of Oklahoma day on Wall Street that always will sym key to curbing business slumps via increased City. Carter and Ferris were two of Okla bolize the end of the gold-plated prosperity spending, lower taxes or easier credit.) homa's original congressmen, while Rogers of the 1920s, the start of the most chaotic But we have not learned how to reverse and Harreld launched their respective public worldwide depression ever known. But it Keynesian economics to curb inflations-and careers somewhat later. didn't start Oct. 29. The economic decline thus, today's new and never-before-faced Carter served ten consecutive terms in had begun long before that happy, upbeat challenge of a destruction of our system by Congress-a longevity record among Okla day in September and then, seemingly out an inflation spiral instead of a business homans which was not surpassed until 1967, Oif nowhere, came the avalanches of selling crash. when Rrepresentative Carl B. Albert of Mc that finally were to propel Thomas W. Yet, although there are so many comfort Alester took the oath of office for his eleventh Lamont of J.P. Morgan to announce somber ing indications that we are not threatened term. Albert later served as Speaker of the ly at a noon secret meeting in the New by a stock market crackup, there are some United States House of Representatives from York Stock Exchange: deeply disturbing similarities between 1979 1971 to 1976. At the time of his retirement in "Gentlemen, there ls no man nor group and 1929 that demand our attention now 1927, Carter was outranked in seniority by of men who can buy all the stocks the when we have time to find out how to con only 8 of his 434 colleagues. Between 1917 American public can sell." trol them and to do so.e and 1919, he was Chairman of the Commit As a morbidly fascinating sidelight on tee on Indian Affairs. the stock market history of a half-century A member of the Committee on Public a.go, on Oct. 28, the day before Black Tues CONGRESSIONAL COMl\UTTEE Land throughout his fourteen years in Con day, the Dow Jones average plunged 38.33 CHAIRMEN FROM OKLAHOMA, gress, Ferris chaired that panel between 1913 points, the largest point decline for a day 1907-37 and 1919, and during this same period he was in history, a record that stands to this Congress' most articulate proponent of maxi date and a percent erosion of 12.9 percent. o Mr. BOREN. Mr. President, Oklaho mum federal involvement in waterpower de On Oct. 29, it collapsed another 30.57 points mans are very proud o!f the fact that velopment. It was largely due to his efforts or 11.6 percent. our State has produced a disproportion that the United States House of Representa By 1930, the depression had swept through- ate number of Congressmen ~nd Sena- tives voted to create a Special Committee on C:XXV--1519-Part 18 24144 CONGRESSIONAL RECORD- SENATE September 12, 1979 Water Power. Unfortunately, the Senate de tween 1933 and 1937. Although a Democrat, Mr. President, in a time of declining clined to take action on waterpower b1lls au ·Gore firmly opposed the foreign policies of real wages, it is inexcusable for the Gov thored by Ferris and already approved by the President Woodrow Wilson during and im ernment to penalize the taxpayers who House of Representatives. However, the mediately after World War I , as well as most House eventually approved the formation of of the New Deal proposals of President Frank are trying to get ahead, or at least break a. Special Committee on Water Power on lin D. Roosevelt. even with inflation. Yet that is precisely January 11, 1918-designating Ferris as its Owen, like Gore, first was elected to the what taxfiation does. The Senator from ranking Democratic member. Ferris climaxed United States Senate in 1907. An expert on Kansas introduced the Tax Equalization his polltical career by serving sixteen years financial affa.lrs, he wa.s Chairman of the Act, which would remove the income tax as a. member of the Democratic National Committee on Banking and Currency from penalty for keeping up with prices. Fixed Committee. 1913 to 1919; however, his most lasting dollar amounts in the tax tables would Rogers was Oklahoma's Congressman-a.t achievement was the Federal Reserve Act of be raised every year by the percentage Large between 1933 and 1943, and as one of 1913, one of the most comprehensive banking the few House members representing the statutes ever enacted by Congress. He also increase in the Consumer Price Index citizenry of an entire state, he served one was responsible in large mea.sure !o:r the Fed for the previous year. The result is a of the nation's largest constituencies. Rogers eral Farm Board Act of 1916 and the War Fi fair progressive tax system. geared to was Chairman of the Committee on Indian na.nee Corpora.tion Act of 1918. Owen even the real value of income. Affairs, 1935-1943. tually became one of the senior members of Until the Government succeeds in ar Oklahoma's first Republlcan senator, and the Senate, outranked by only two of his resting the erosion of purchasing power, one of only three during the first sixty-one forty-two Democratic colleagues at the end it has an obligation to play fair with years of statehood, Harreld ·was elected to of his congressional cateer. the United States Senate in 1920, after serv our taxpayers. The Tax Equalization Act The eleven Oklahomans who presided over be ing two· terms in the United States House of standing committees between 1907 and 1937, would a step in that direction, and Representatives. Chairman of the Committee compiled records of genuine distinction as the Senator from Kansas urges that it on Indian Affairs from 1923 to 1927, Harreld members of Congress. During this thirty year be given immediate attention. The pub reported on the b111 which conferred Ameri period the nation played a decisive role in the lic will demand such attention as its can citizenship on all native-born Indians. winning of World War I, participated in the awareness of taxfiation continues to The four most renowned Oklahomans to Parts Peace Conference, endured the Great grow.• occupy positions qf high responsiblllty in Depression, and experienced the sweeping Congress between 1907 and 1937 were Rep reforms of the New Deal. Both in numbers resentative Wilburn Cartright of McAlester, and in quality of service, the committee THE 125TH ANNIVERSARY OF and senators Elmer Thomas of Medicine Park, chairmen from Oklahoma deserve a large WOFFORD COLLEGE Thomas P. Gore of Lawton, and Robert L. a.mount of credit.e • Mr. HOLLINGS. Mr. President, this Owen of Muskogee. As chairmen of standing committees, Cartright, Thomas, Gore, and week marks the 125th anniversary of Owen were instrumental in the passage of TAX POLICY ACCELERATES DE- Wofford College. This fine educational many pieces of major legislation. CLINE IN REAL INCOME institution, located in Spartanburg, S.C., Cartright, who served eight terms in Con has a record of excellence renowned gress, was a. specialist in transportation • Mr. DOLE. Mr. President, last Friday throughout not only the South, but the problems, and Chairman of the Committee the Labor Department announced a 1.2- entire Nation. on Roads between 1934 and 1943. His fore percent jump in producer prices for con Woff ord's excellence is marked in many most legislative contributions were the Emer sumer goods, an annual rate of 15.4 per ways-by the caliber of its alumni, by gency Road Construction Act of 1934, a cent. At the same time the Department alumni loyalty, by strong leadership o.f measure designed to alleviate widespread un reported that real wages declined in faculty and administration, and by the employment, and the Federal Highway Act August. guidance of an enlightened board. WCY!. of 1936, a statute which greatly expanded the However these statistics are viewed, national government's commitment to over ford, through wise management and land transportation. After retiring from the the picture they paint is not pleasant. strong administration, has weathered the United States House of Representatives, he It remains to be seen how consumer kind of crisi•s which has befallen so many bega.n a long and distinguished career a.s a prices were affected in August, but ris other relatively small colleges, and it state official in Oklahoma, serving as Secre ing producer prices leave little hope that opens the second quarter of its second tary of State, State Auditor, and as a member the consumer's lot will improve in the century with optimism and confidence. of the Corporation Commission. near future. What we are seeing is the Many individuals could be singled out Thomas served in Congress longer than steady erosion of the purchasing power for recognition of their special contribu any other individual in Oklahoma's history of American workers. While petroleum prior to Speaker Albert--twenty-seven years, tions and achievements to Wofford, and nine months and twenty-seven days in Con price shocks worsen the situation, the naming a few would do injustice to many gress. After four yea.rs ln the United States underlying cause of this erosion is the more. A word should be spoken, however, House of Representatives, he was elected to financing of the mounting Government about the record built by Wofford's very the Senate in 1926, and during his final six debt. Additional dollars put into circula able and distin·guished president, Dr. years in the Senate he was outra.nked by only tion to help finance the debt keep infla Joab Lesesne, Jr. Dr. Lesesne has been at two of his ninety-seven colleagues. Thomas tion rolling along. The revenues which the helm during these years when all edu was Chairman of the Committee on Indian the Government- refuses to tax from its cational institutions have been so hard Affairs from 19'35 to 1944, and he headed the cjtizens are supplied by a hidden infla pressed, and under his guidance, Wof Committee on Agriculture and Forestry tion "tax" on purchasing power, as each ford is not only fi.ourishing, but expand twice-from 1944 to 1946 and from 1949 to 1959. dollar declines in value. ing its physical plant. Its faculty has He not oruy was deeply Involved in the This phenomenon is becoming better been so good as it is today. And the future passage of the landmark farm b1lls during the understood and appreciated by the pub has never looked brighter. So all the early New Deal years, but also attracted na lic, which is why the movement to friends of Wofford owe this man a very tionwide attention by his voca.l advocacy of balance the Federal budget and limit special expression of gratitude for a job currency inflation. A key participant In all Federal spending has gained such mo being splendidly performed. moneta.ry debates in the Senate between 1933 mentum. Now the public is beginning to Mr. President, this past Sunday, the and 1936, Thomas sponsored several currency Spartanburg Herald-Journal carried a expansion amendments to the Agriculture realize that Government exacts another Adjustment Act of 1933, Sllver Purchase Act tax as a cost of inflating the economy. oolumn on the occasion of Wofford's an of 1934. Relief Appropriation Act of 193:5, and This tax is "bracket creep" caused by niversary, and I ask that the text of this Adjusted Compensation-Veteran's Bonus "taxflation"-the impact of inflation on article be printed in today's edition of Act of 1936. the progressive income tax. the RECORD. Elected to the United States Senate shortly When taxpayers do keep up with price The article follows: after Oklahoma was admitted to the Union, increases, either through raises in sal WOFFORD TRADITION OF GOOD SERVICE Gore served in tha.t body from 1907 to 1921, ary, changing jobs, or supplementing Spartanburg's Wofford College begins its and a.ga.ln from 1931 to 1937. As Chairman of income, they move into higher tax 125th year of operations with convocation the Comnllttee on Agriculture and Forestry today for the fall opening. from 1913 to 1919, he played a pivotal role in brackets. While their purchasing power the passage of numerous farm bllls. More has stayed the same, they are paying It comes to this anniversary year with a the higher rates of tax associated with tradition of community service and educa over, he was especially prominent in the de tional excellence. Its alumni are found in all liberations culminating in the Food and the upper brackets. As a result the Gov corners of this country and in many nations Fuel Control Act of 1917, and the Stimulation ernment gains extra revenue and the abroad. of Agriculture Act of 1918. Gore also chaired taxpayer's purchasing power, whether he Wofford alumni have achieved success in the Committee on Interoceanic Canals be- knows it or not, has declined still further. many fields and endeavors. September 12, 1979 CONGRESSIONAL RECORD- SENATE 24145 Three governors of South Carollna, eight the whole fabric of Government in this Professional Experience: Instructor, U.S. Methodist bishops and more than 30 college country. Many of these historians found history, I111nots Institute of Technology, and university presidents are among the 1957-58 and University of Callfornia, Berk graduates. his performance to be a first. Authors eley, 1961-62. Wofford was founded in 1854 through the William Myers and Walter Newton, in From Assistant Professor to Associate Pro Rev. Benjamin Wofford's wm, which pro their book "The Hoover Administration," fessor, 1962-1976, Member Faculty history, vided $100,000 for that purpose. It was concluded that never before had a Presi Washington Square College, New York Uni named in his honor. dent, when faced with a depression or versity, 1976- . Today the college has assets of more than milder economic downturn, so offered Memberships: AHA, Organization Ameri $2') million with an endowment of almost $5 "Federal leadership in mobilizing the can Historians. million. The annual operating budget is in Publications: Author, The Poverty of excess of $5.6 million. economic resources of the people." To Abundance: Hoover, the Nation, the De Area residents have watched the fammar these writers, Hoover was the angel, and pression, Oxford University, 1965. campus blossom with new buildings in re his successor, Franklin Roosevelt, the Contributor: The Hoover Presidency: A cent years, but note that the older struc devil. Reappraisal (Albany: State University of tures-the landmarks-are still there. The Not surprisingly, historians favoring a New York, 1974). twin towers are stm prominent on the sky more liberal economic and governmental llne. For many, those towers and the physi philosophy have reversed these two roles, (©State University of New York Press, 1974. cal plant of the college a.re a source of pride and made Roosevelt the savior of the All rights reserved] and confidence-pride in the existence of an HERBERT HOOVER'S POLICIES FOR DEALING WITH excellent school and confidence in the con Nation from Hoover's near-sighted views. To their mind, Hoover was incapable of THE GREAT DEPRESSION: THE END OF THE tinuance of that excellence. OLD ORDER OR THE BEGINNING OF THE NEW? Modest in its beginnings and still a rela seeing the .ft.a ws of the existing economic tively small four-year college, Wofford has a system. (By Albert U. Romasco) land area of 90 acres with 29 buildings, a These two views have one common President Herbert Hoover has travelled a stadium and several other playing fields. It thread-that Hoover and Roosevelt had long historical road since his decisive defeat has a current faculty of 60 full-time mem sharply contrasting beliefs and policies in November 1932. By the time he left the bers. Enrollment averages 1,000 in recent White House to his successor, Franklin D. years, students coming from 19 states and 7 for handling the Great Depression. Roosevelt, in March 1933, the Great De foreign countries. A third view emerged as early as 1935, pression had sunk to its lowest depth. And, Among its institutional peers, Wofford has when Walter Lippmann's "The Perma in turn, his presidential reputation reached an envious scholastic record. It was the only nent New Deal" was published. Lippmann rock bottom. Poll tically portrayed as a do college in the state with a Phi Beta Kappa viewed the policies of the two adminis nothing president, he was emphatically re chapter between 1940 and 1973. More than 30 trations as more of a continuum, with jected at the polls because he falled to make percent of its student body moves on to Hoover the innovator. Roosevelt's con good his repeated promise to restore prosper graduate study annually. Five Rhodes ity. His fellow citizens judged Hoover prag Scholars have attended Wofford. tribution was only to enlarge and expand matically and without equivocation; seem While founded and maintained as a school the scope of programs Hoover initiated. ingly, the historical case against him was for males, the Board of Trustees unani According to Lippmann: closed. But, to paraphrase Charles A. Beard mously approved co-educational status for it The policy initiated by Hoover in the au somewhat freely, no historical judgment ls in 1975 and admitted resident women in tumn of 1929 was something utterly un ever final or conclusive when lt ls viewed 1976. precedented in American history. The na from different time perspectives.1 Americans, Friends of Wofford and alumni will help tional government undertook to make the indeed, have a propensity for revising and celebrate this anniversary year in the sched whole economic order operate prosperously. reinterpreting the past. But even though ule of events that follow: each generation rethinks the past within Today, opening convocation with Dr. Gor Later, scholars who adopted this opin the context of its own present, there ls no don Blackwell as speaker. ion moderated it somewhat, with the ad unassailable assurance that lt perceives ln November 9 and 10, Homecoming for Sam vantage of additional years to obtain tellectua.lly and politically either its pres Moyer's Men with special concert activity perspective. ent or the past in one single fashion. Cer and reunion activity for all alumni. Albert U. Romasco, associate professor tainly, Hoover's historical journey since 1933 October 19, 1980: Benjamin Wofford's of history at New York University, has lends support to the observation that each 200th birthday. generation often harbors several, conflict October 25, 1980: Homecoming, which wm authored an essay which summarizes the ing assessments of past episodes and figures, feature a special concluding celebration for primary historical views of Hoover's anti even if one judgment may be professionally the 125th year. Details will be announced depression policies, and takes a closer more in vogue than others. later. look at the view that Hoover was the first My purpose here is to explore brlefl.y the Wofford has been a vital and significant President to actively seek to defeat a de various major historiographlc modes of per member of the Spartanburg community, of pression, rather than waiting passively ceiving Hoover as a depression president and the South Carollna and the national com for recovery. Romasco disagrees with the attendant evaluations given to his pol munities since its beginnings, fulfilling its that conclusion, finding considerable icies for resolving economic stagnation. I role as an institution for the enllghtenment shall also attempt to show how the intellec of citizens. precedent for Hoover's actions in the tual and polltlcal viewpoints and values of The Herald-Journal salutes the college and policies of Theodore Roosevelt, Wood historians influenced the judgments they presumes to speak for thousands of others row Wilson, and Warren G. Harding. All rendered. Finally, I wlll state my own esti among our readers tn wishing Wofford a three of those Presidents were con mate of the historical slgnlftcance of Hoo happy anniversary with many :fruitful years fronted with depressions or recessions of ver's poUcies for deallng with the depression. to come.e some magnitude during their adminis Hoover's presidential career, or more spe trations. Professor Romasco has sub cifically his handling of the Great Depres mitted this essay, which is entitled "Her sion, has provided pollticians, poUtical com THE 50TH ANNIVERSARY OF THE mentators, and historians with a rich text INAUGURATION OF HERBERT bert Hoover's Policies for Dealing With for political sermons. The signiflcance HOOVER the Great Depression: The End of the ascribed this tale, however, has been var Old Order or the Beginning of the New?", iously interpreted, largely depending upon • Mr. HATFIELD. Mr. President, sad for publication in the series of essays the personal and political convictions of dled, as he was, with the most severe honoring the 50th anniversary of the the particular chronicler. For our present economic depression this country ever inauguration of Hoover as our 31st Pres purposes, the various interpretations may be faced, Herbert Hoover's policies as Pres ident. The essay is reprinted with the conveniently subsumed under three broad, ident for dealing with those conditions permission of the State University of general heads: the right, center, and left, were intensely scrutinized by the politi or, 1f you wm, the conservative, Ilberal, New York press. and revisionist viewpoints of President cal writers of his time. Historians have Mr. President, I ask that Professor Ro Hoover. no less eagerly dissected and analyzed masco's essay, and a brief biographical The conservative defense of Hoover's ex those policies, with no more agreement sketch of the author, be printed in the ecutive tenure owes much to the indefatiga on their merit than found by the writers RECORD. ble and protracted labors of Hoover himself. of his day. Historians with a conserva The material follows: He had no intention of awaiting history's tive bent have championed his determi judgment; he instead set him busily at work nation to adhere to more traditional BIOGRAPHIC SKETCH OF ALBERT U. ROMASCO to shape his own vindication: let history fol Born: March 21, 1930. low. Actually, this historical venture be economic policies rather -than give in to Education: AB, University of Massa.clm gan very early indeed, whlle Hoover was stlll what they viewed as the surface attrac setts, 1953, AM, University of Chicago, 1957, in office, largely as a matter of immediate tion and delusion of a new deal-a new Ph.D. (U.S. & English history, European his deal which Hoover charged would change toriography), University of Chicago, 1961. Footnotes at end of article. 24146 CONGRESSIONAL RECORD-SENATE September 12, 1979 necessity. He was after all, running for re messages wm show that but little of impor Flynn saw it, was an important part of the election in 1932, and it was essential that he tance was done officially by previous Presi preparation for an eventual American total defend not only his record, his analysis of dents to relieve either depression, distress or itarian dictatorship. Flynn's praise for the depression, but also his remedi,a.l policies unemployment, or to cushion the financial Hoover's foresight and restraint, in this re as well. Most pressing of all, however, it was and business situations that resulted from gard, was one way of fashioning a bludgeon imperative that Hoover explain convincing such conditions.G to batter Roosevelt and all his works.11 ly why his policies had not as yet worked. Unlike his predecessors, Hoover responded Evocation of a past far superior in all its He desperately needed time for his program immediately and forcefully. He held a series particulars to the new order created by the to taKe euect; that is, to turn the economy of meetings with business, industrial labor, pervasive alterations of the New Deal became around the celebrated corner that he had and poll ti cal leaders and won their support the central theme of Edgar E. Robinson's looked for so fervently and spoken of so and cooperation for his program. The depres assessment of Roosevelt's leadership. The often. It was equally urgent, in Hoover's sion, caused by the economic dislocations set acknowledged hero in Robinson's view was mind at least, that he warn the electorate in train by the First World War and the im Herbert Hoover; and it was Hoover's qual ln unmistakable terms about his rival, pact upon America of the subsequent Euro ities of leadership in an older, better America pean collapse in 1929, was contained through that provided the reference point for an Franklln Roosevelt, whom he regarded as ir 12 responsibly beguiling the pe1ople with dan the combined effect of holding to the cur extremely adverse judgment of Roosevelt. gerous schemes and proposals. rent wage scale and spreading the work, For Roosevelt unhinged the nation from its "This campaign," Hoover declared on 31 through maintenance of the existing con past by a complex of changes that amounted October 1932, ln his famous Madison Square struction rate, supplemented by expanded to nothing less than a revolution. "Roose Garden speech, "ls more than a contest be public works at all governmental levels. In velt's leadership," as Robinson summed up tween two men. It is more than a contest addition, tight credit was eased when the the major ingredients of this revolution, between two parties. It ls a contest between Federal Reserve System's lowered the dis resulted in fundamental changes in the gov two phtlosophies of government." 2 It meant, count rate, and began its large-scale open ernment itself: in tremendous concentration Hoover explained, that the American people market purchasing of securities. Finally, the of power in the Executive; in building up must choose either the old tried-and-tested needs of the unemployed were cared for by a vast system of bureaucratic control of pri American system or the delusive promises of private charity and local and state welfare, vate business; and by adding direct economic "a. new deal.'' The American system, as Hoo assisted by federal encouragement.8 support of the citizen to the careful adjust ver defined it, encompassed the best tradi Subsequently, during the next two years, ment of conftlcting economic interests in a tions of our pa.st: a concern for and preserva in response to further upsetting shocks from free enterprise system.13 tion of personal freedom and liberties; a abroad, which menaced the nation's baste According to the conservative scale of val regard for h1gh incentives, which could be business and banking structure, Hoover ues, therefore, the drastic innovations of promoted by equality of opportunity; and the strengthened his program with additional Roosevelt seemed a. meager, mean substitute unique value of a decentralized government policies: a moratorium on intergovernmental for the venerable American system that stood which could foster cooperative voluntary debts (June 1931), creation of the Recon intact during the Hoover years. The New action through group initiative and leader struction Finance Corporation (January Deal was simply an accurate yardstick meas ship. It was a system, he contended, that had 1932), passage of the Glass-Steagall Bank uring the nation's decline down the road to served the people well, even during the severe Credit Act (February 1932), and the Home ward Europe's totalitarianisms.14 economic crisis of the past three years. This Loan Bank and the Emergency Relief and While conservatives were perfecting their entire heritage was now in jeopardy threat Construction Acts (July 1932). Together defense of Hoover, liberals were fashioning a ened by Roosevelt's proposed changes in the these measures constituted the principal far different reconstruction of the Hoover governmental, economic, and social systems ideas and legislative enactments that made years and the meaning of his pollcies. This of the nation. Hoover was convinced that up Hoover's antidepression program.1 interpretation, the work of many hands, was Roosevelt's vast unnecessary schemes would Conservative commentators and historians closely intertwined with and infiuenced by greatly augment the power of the federal have advanced three major claims with re the liberal response to President Roosevelt's governmental, economic, and soci,al systems gard to this program, all of them highly com handling of the Great Depression. Since lib ratization, would end only by obliterating the pllmentary to Hoover's wisdom, leadership, erals welcomed Roosevelt's broad conception cherished old order.3 "You cannot extend the and historical reputation. The national re of the powers of his omce, his openness to mastery of government over the dally life of sponse set in motion by President Hoover to new ideas and willlngness to experiment, and a people," Hoover warned, "without some overcome the economic crisis marked a dra the consequent burgeoning of federal respon where making it master of people's souls and ma.tic, unprecedented exercise of executive slb111ty, they reserved the conservatives' mode thoughts."' And, thus at the very outset, initiative, in sharp contrast to the passive of perception and evaluation. For liberals, one of the enduring themes of the Hoover acquiescence of previous depression presi Roosevelt was the model of what ought to Roosevelt antithesis was clearly and firmly dents. Furthermore, his program succeeded be, and it was his leadership in transform enunciated by Hoover himself. economically, if not polltically, on at least ing the old order into something new and In this infiuential speech Hoover also pro five separate occasions when the incipient more viable that became the reference point vided the basic outline and some of the American recovery was set back either by dis in judging Hoover's custodianship.15 The re more imp9rta.nt clues for the subsequent ruptive forces from outside our borders or by sult was a highly critical interpretation of elaboration of his defense by conservative unfavorable domestic political developments, Hoover, his ideas and achievements, and, of admirers. Among those sharing this respon such as the election of a Democratic con course, his historical standing and reputa sib111ty were William Starr Myers and Walter trolled House of Representatives in 1930. But tion. H. Newton in The Hoover Administration in each instance, Hoover successfully parried In the liberal version, Herbert Hoover be (1936), Ray L. Wtlbur and Arthur M. Hyde the blow, so that after July 1932, when the came a pitiful, tragic figure. Devoid of pulillc economy reached its low point, recovery re charisma and political sk1lls, Hoover was an in The Hoover Policies (1937), and John T. inept player in the vital game of politics, un Flynn ln The Roosevelt Myth (1948), Hoover sumed once again.8 As Myers and Newton himself again, more fully, in the three vol put it, "The forces of depression were defi able to dramatize his policies or to control the Congress. Incapable of seeing, let alone umes of his Memoirs (1951, 1952), and Edgar nitely checked and the road to full recovery E. Robinson in The Roosevelt Leadership, was freed from obstacles during the Hoover acknowledging, the economic defects of the 9 existing structure, he falled to devise an 1933-1945 (1955). Administration.'' But then, unfortunately, energetic and realistic l?'ecovery program. Collectively, the historical claims made in the greatest shock and setback of all oc Instead, he grievously misled the public with this literature for Hoover and the emca.cy of curred: the election of Roosevelt, which pro a continual stream of optimistic statements his• pollcies for dealing with the economic voked a new decllhe. this time in earnest. affirming the essential soundness of the sys crisis are large, important ones. In looking Hoover's patient labors to right the economy tem and the workab111ty of his program; at the past for precedents of forceful execu were now permanently undermined, largely moreover, he proclaimed its success, in the tive leadership in the nation's struggle because the delicate barometer of recovery, very face of overwhelming evidence to the against periodic economic depressions, Myers business confidence, was upset by Roosevelt's contrary. But, most fundamentally, Hoover's and Newton found none at all. Hoover, in disquieting talk of fiscal and monetary ex !allure was an intellectual one: he was the fact, was the precedent-setter tn thi·s crucial perimentation.10 Not yet undone, however, prisoner of an outmoded political phllos matter. was Hoover's abiding achievement: he had ophy, defending a faith whose time had long President Hoover was the first President in devised an economic recovery program with passed but which stlll held the power to our history to offer Federal leadership in out compromising the integrity and viab111ty mesmerize Hoover in pious ineffectuality.1a mob111z1ng the economic resources of the of the American system. Such a critical appraisal of Hoover and his people, and in call1ng upon individual initia It was the claim that Hoover had success policies clearly reveals the major assump tive to accept definite responsiblllty for fully blocked the subversion of the American tions and values underlying liberal pollttcal meeting the problem of depression.... The system that John T. Flynn emphasized as a thought and how their pattern of beliefs, in depressions that arose ln the van Buren, point of departure for his sweeping attack turn, influenced historical perception. For Buchanan, Grant, Cleveland, Theodore Roose upon President Roosevelt and his New Deal. the Great Crash and the Great Depression velt, or Wilson Administrations were prac Unlike Hoover, Roosevelt had willlngly ac exposed what were regarded by liberals as in tically ignored by the government in any om cepted planning-collectivist proposals that herent defects in the existing economic order; cial action. An examination of Presidential resulted in the transformation of the old, namely, a maldistribution of national in traditional American system into the new come, a weak banking structure, a top-heavy Footnotes at end of article. welfare state. And this development, as business structure, an unbala.nced lnterna- September 12, 1979 CONGRESSIONAL RECORD - SENATE 24147 tional trade, and erroneous economic pol ously." 19 Furthermore, in implementing this him to oppose such addl tional measures as icies.17 The resolution of the economic col radical new idea, Hoover devised a series of federal relief for the unemployed, creation of lapse, therefore, demanded extended reform policies that anticipated "most" of Roose a government corporation to run Muscle of the economic structure. And economic re velt's recovery program. Specifically, accord Shoals, and a government system of old age construction-on this scale, at least--was ing to Lippmann's account, "in all essential and unemployment lnsurance.2e Hoover, conceivable as a solution only through the matters of policy-monetary management, therefore, was best understood as a "transi agency of forceful political leadership, one the budget, the agricultural disparity, and tion figure in the development of the gov that recognized the scope of the task and industrial 'stab1Uzation'-there has been no ernment as an active force in the economy in was willing to enlarge the federal responsi break in principle, and . . . the Roosevelt times of depression." 21 b111ty and power to meet it. In short, what measures are a continuous evolution of the The liberal revisionist account was in the liberals considered necessary was Presi Hoover meaures." 20 In sum, the one signif tended as an historical corrective to the ex dent Roosevelt and the New Deal. Hoover, icant new idea of this period and the es aggerated claims of both Hoover and Roose who denied and resisted both the economic sential means devised to carry it out were velt partisans, with their neat contrast of analysis and the political cure, was put the product of Hoover's initiative and lead the two administrations: the one defend down simply as a stubborn, misguided l!rship. ing the old tradition, the other ushering in a ideologue preoccupied with burning incense Lippmann's analysis was formulated mid new order. Beyond this function, revisionism, to a dead past.is way during the New Deal. Broadus Mitchell, particularly Mitchell's work, inadvertently The liberal scales of judgment, of course, on the other hand, wrote after the domestic served another purpose: it provided a logical have by no means been used solely on Her New Deal had run its full legislative course, bridge to a subsequent left revisionist inter bert Hoover; they have been applied broadly which provided him with the greater advan pretation distinct from its own. throughout the twentieth century as a basis tage that perspective afforded. Moreover, In The Contours of American History for historical appraisals. Yet Hoover has Mitchell's judgments were the product of 13 ( 1961), Wllllam Appleman Wllllams used the been a peculiarly apt illustration of the full-scale economic analysis of the Great continuity approach in regard to the de liberal analysis, primarily because he was so Depression decade. Consequently, his more pression policies of the two administrations, evident and forthright in opposing this careful assessment moderated in some par but it was set in a different, larger context whole frame of thought and its expectations. ticulars Lippmann's statements and ex that of corporate capitalism. Hoover, in his He understood the liberal program thor panded them in others. Although Mitchell attempt to halt the depression, "pulled out oughly and rejected it emphatically, and he repeatedly urged the point that many New every antidepresslon tool the Progressives received in consequence the full burden of Deal policies were anticipated by Hoover, he ever owned." 2s And it was these policies that liberal disapproval. But beyond this, the is also defined the areas wherein the two ad "provided the rudiments of Roosevelt's pro sues at stake were not merely an interpreta ministrations diverged; and he frankly recog gram." 29 But Hoover's refusal to go further tion of the past but a proper program, a cor nized the limits which Hoover's phllosophv than he did in enlarging the government's rect way for the country to travel for the imposed upon him. Specifically, Hoover an role was not motivated by a pious reverence immediate, foreseeable future. And since it for the past; it signified instead the deliber was not possible to hold to Hoover's Ameri ticipated the New Deal in the creation of the R.econstructlon Finance Corporation, the ate restraint of a man who thoroughly un can system and stlll follow the liberal prog derstood the dangers that could a.rise if the noses, one or the other had to be abandoned. agricultural policies adopted by the Farm Board, and the reluctant acceptance of fed state were given the dominant position in the Clearly the liberal 's choice was to drop American political economy. It was Roose Hoover and with him the constraining lim eral relief for the states. He differed most markedly from his successor in his more velt, lacking Hoover's sophisticated under itations of the old order. standing of the corporate economy and its Superficially, at least, liberal and conserv circumscribed conception of public worki:: . potential pitfalls, who plunged recklessly ative historians share much in common in deficit spending, and direct federal rellef for the unemployed, and in his opposition to ahead, making the latent danger an actu reg·ard to this subject. Both groups have con 21 ality. It was thus during the New Deal years ceived of Hoover and Roosevelt as polar op social security and public electric power. that a. syndicalist nation was created, that posites with antithetical philosophies The two presidents, Mitchell added, were is, a system dominated by a coalition of concerning the proper role and functions of nonetheless committed to the common over leaders representing capital and government. the national government and with opposed all objective of preserving capitalism. But All that Hoover had feared and sacrificed to politices for handling the Great Depression. the means each was willing to accept and prevent had come to pass.31> Ironically, there The two schools of thought differ markedly, use for attaining this central purpose dif fore, Wllllams' account of Hoover-informed however, in which president should be histor fered significantly. In Mitchell's judgment: as it was by a different time and political ically celebrated and which castigated. And "Hoover, by and large, was content with stance, graced with a new terminology, and yet the liberal judgment, with its command socializing the 'public' losses of corpora utilizing continuity-ended up echoing much ing professional standing and wide public tions because these would reach to the pri· of the conservatlve's defense of Hoover and circulation, has not been accepted univer vate losses of individuals. The New Deal his policies. sally by all who share liberal assumptions properly went further and was willing to One ls not accustomed to thinking of Pres and values. Three notable exceptions, for ex socialize the private losses of unemploye·· ident Hoover as an ambiguous figure, but ample, have been Walter Lippmann in his individuals on the ground that, unless aidec. when one considers the entire hlstoriographic "The Permanent New Deal" (1935), Broadus these would destroy the public, includin!"' spectrum that has developed on Hoover and Mitchell in Depression Decade (1947), and corporate welfare. The Hoover analysis his depression pollcies, it ls evident that am Carl N. Degler in "The Ordeal of Herbert stopped cruelly short.... The New Deal, b biguity, even outright contradiction, are Hoover" (1963). contrast, endeared itself for its sympathy rampant. Taken collectively, all that is The significant point of departure in this with individual misfortune, when equall· claimed for Hoover, or charged against him, third revisionist interpretation of Hoover was deserved thanks might have gone to it (but cannot be reconciled easily, if it can be re each author's rejection, in varying degrees, of did not) for its industrious attempt to pre conciled at all. He has been cast, by admirers the common conservative-liberal procedure serve capitallsm." 22 and detractors allke, as the defender par of contrasting the two presidents as op Then, with a fine, impartial hand, Mitch excellence of the values and the institutions posites and then supporting such an assump ell proceeded to criticize both Hoover's per of an older America. At the same time-one tion by emphasizing the essential discontinu colation theory of recovery and Roosevelt'E: is tempted to say in the same breath-he has ity between the policies of the two adminis r.ationallstic approach and his resort to tr · been credited by practically everyone as a trations. Instead, these authors made a case economics of scarcity. For ultimately neither great innovator: the first president to accept for the continuity of policy during the Great succeeded in the immediate, overriding task national responsibillty for overcoming an Depression, assigning and crediting Hoover of ending the depresslon.23 economic depression and restoring prosper with the role of innovator. The implications Carl Degler's essay-a. cogent, judicious ity. To this end, Hoover ls said to have de of the revisionist interpretation, if accepted, statement of the Uberal revisionist interpre vised a set of pollcles which significantly were far-reaching indeed. It shifted Hoover tation-can serve here as a convenient sum enlarged the function and role of govern from the conservative camp into the pro mary of this viewpoint. "Hoover's principles,'' ment in the ll'atlon's economic life. Indeed, gressive-liberal tradition, and it required a he stated, "were distinctly and publicly according to some, he went so far in this new reassessment not only of Hoover's historical progressive." 2• Adopting the liberal equation direction as to anticipate the essentials of reputation but of Roosevelt's as well. In a of progressive as being equivalent to the Roosevelt's New Deal. It appears, conse very real sense, the proper subject of these expansion of federal respons1b111ty and quently, that Hoover upheld the traditional years became Hoover-Roosevelt and the power, Degler added that "perhaps the most concept of limited government, a basic value Great Depression. striking example of Hoover's willlngness to in the American system, while with his left Within this new conceptual framework, recognize the new role of government in hand he inaugurated a fatal departure from Lippman made the largest, most flattering, dealing with the complexities of an indus that tradition. Thus, if one ls tempted to and least qualified claims for Hoover. "The trial economy was his breaking precedent to follow a. process of lndlscrlmlna.te eclestictsm, policy initiated by President Hoover in the grapple directly with the Deuression." z; one can consider Hoover as both the defender autumn of 1929," he argued, "was something The ensuing program, which carried Hoover of the old order and the precursor of the utterly unprecedented in American history. close to the New Deal, was restrained finally new. If this form of synthesis is ur1.accept The national government undertook to make by Hoover's ideology, primarily his commit a.ble. which indeed it ls, then there is an the whole economic order operate prosper- ment to the principles of individualism and alternative procedure that ls conceivable: to a balanced budget. It was, in other words, examine more closely the claims me.de for Footnotes at end of article. Hoover's fidelity to this principle that led Hoover both in relation to the years preced- 24148 CONGRESSIONAL RECORD- SENATE September 12, 1979 ing and the years following his administra the Stock Exchange. To avert this chain of next morning McAdoo was waiting for the tion, thereby using a double vantage point .events, Roosevelt was persuaded by Morgan's chairman of the Banking Committee, Sen for judging Hoover's historic contribution as associates, Judge Elbert Gary and Henry C. ator Robert L. Owen, with appropriate a depression president. Frick, to permit United States Steel to ab amendments. Congress passed the bill that In the course of the twentieth century, sorb the Tennessee coal and Iron Company day and President Wilson signed it the next.43 prior to President Hoover's confrontation as a means of buttressing the assets and fi Meanwhile, Wilson reassured the public in with the Great Depression, the American nancial standing of the shaky brokerage the classic mode: economy was subjected to three major dis house. Roosevelt's decision, severely criticized There is great inconvenience, for the time ruptions: the banking panic of 1907, the re later, succeeded in saving Moore & Schley and being, in the money market and in our Ex cession of 1914, and the depression of 1920- keeping the Trust Company of America open; changes, and, temporarily, in the handling of 21.3\ These episodes, involving the adminis but the money shortage was not yet re our crops, but America is absolutely pre trations of President Theodore Roosevelt, solved.87 pared to meet the financial situation and to Woodrow Wilson, and Warren Harding, re The administration next considered the straighten everything out Without any ma spectively, constitute a sufficient testing problem of fac111tating an expansion of the terial difficulty. The only thing that can ground for determining the degree of credi money supply through the national banks. possibly prevent it is unreasonable apprehen bllity that should be accorded the claims Cortelyou at first authorized the banks to use sion and excitement .... There is cause for made for Hoover as an innovator; that is, for bonds other than the authorized government getting busy and doing the thing the right gauging the extent to which his policies ones as a substitute basis for issuing notes. way, but there is no element of unsoundness measure a departure from the past. Was This maneuver was ineffectual because all and there is no cause for alarm." nothing, in actual fact, done by Hoover's bonds were currently at high prices and in In this case, at least, a combination of predecessors during these times of severe short supply. Roosevelt and Cortelyou then words and actions quieted public fear, economic crisis? Or to state the issue posi turned to a more direct approach: the gov stopped the runs on the banks, and restored tively, what response, 1f any, was made by ernment announced an issue of 2 percent conlidence. the three presidents on these occasions: and Panama bonds a.nd 3 percent Treasury cer The administration also exerted itself in an did their behavior and policies anticipate tificates and made them available to national attempt to untangle the barriers obstructing Hoover's own responses? banks for a down payment of 10 percent and the nation's foreign trade. Wilson conferred On 22 October 1907 the Knickerbocker 25 percent, respectively. In other words, the with congressional leaders in a.n effort to de Trust Company, whose officers were involved government manufactured the bonds needed vise means of persuading foreign ship owners in an unsuccessful copper comer, suspended to expand the currency a.nd sold them to the to register under the American flag, and he in New York City, marking the beginning of banks on easy credit terms. This action re discussed plans for building an American the panic.a2 The bank's collapse provoked a solved the money stringency and ended the fleet. McAdoo conceived of a plan for creating sharp break on the New York Stock Ex panic.38 a government-owned corporation to buy for change, further runs on other trust compa The next crisis, that of 1914 during the eign ships, including those of Germany nies, and a critical shortage of currency. Wilson administration, was directly tied to stranded in port, but this scheme was Moreover, the crisis was not confined solely the outbreak of European hostil1ties between blocked in Congress. However, Congress was to Wa.U Street; in the South and West, al 28 July and 4 August.3o The effect of the First willing to create a War Risk Insurance ready faced with a serious Shortage of cash World War upon the American economy was Bureau to provide low-cost marine insurance and credit to finance the seasonal movement immediate and widespread, involving a major as an inducement to get ships out onto the of crops, the money panic resulted in some crisis on the New York Stock Exchange, great sea again. These difficulties, however, were states declaring bank holidays a.nd a further pressure on the banking structure, and severe settled instead by the British, in September decline in commodity prices and the closing agricultural and industrial disruption. The 1914, when they succeeded in clearing the of some commodity exchanges. The reper nation's foreign trade practically ceased, pri sea lanes of surface German raiders. Shipping cussions of the panic even reached across the marily because America. depended heavily then became readily available at reasonable Atlantic to the European money markets, upon foreign shipping for delivering its goods rates, and large orders for goods soon revived forcing the Bank of England and the Impe to all parts of the world. In response, the American foreign trade.45 rial Bank of Germany to ra.Lse their discount Wilson administration energetically set about Among the more sombre Wilsonian legacies rates to unprecedented levels as a means of to relleve the pressure on the financial struc bequeathed to his Republican successor was protecting themselves against the outflow of ture and to remove the obstacles to its for gold to the United States.83 the depression that began in 1920.48 Warren eign trade by direct intervention in the econ Harding, in his presidential campaign, had President Theodore Roosevelt was fully omy.u emphasized the need for restoring prosperity altve t.o the possib111ty that the public would The first task was to cushion the stock hold h1m responsible for the panic a.nd its and reducing the cost of government, two market. Europeans held a total of $2.5 blllion objectives that were not regarded in the wis consequences. As he remarked privately, in American stocks and bonds and began "when the average man loses his money he is dom of that day as incompatible. Once in heavy selling on 30 July. With the closing of office, Harding turned at once to the polltical simply like a wounded snake and strikes the London Stock Exchange the next day, right and left at anything, innocent or the problem of translating these objectives into an avalanche of additional selling orders was legislative actuallties. His prosperity program reverse, that presents itself as conspicuous in expected. The New York bankers averted the 84 aimed at prov.iding assistance to three major his mind." Roosevelt's inltial move was threat by closing the New York Stock Ex therefore aimed at the public psychology of interest groups: business, agriculture, and change that same day after consulting with labor.'7 And in a remarkably short space of fear, in a form we would subsequently recog Secretary of the Treasury William G. Mc nize as the classic response of a depression time, he succeeded in accomplishing his pur Adoo, who approved the decision.41 Subse pose. president: he iSBued a public statement of quently, in October, the market faced a new reassurance that, despite appearances, all Harding and his Secretary of the Treasury, crisis: the prospect that bankers holding Andrew Mellon, had a ready, conservative was well. "No one who considers calmly," he some $1 blllion in notes, with securities a.s declared soothingly, "ca.n question that the collateral, would demand payment, resulting prescription for business recovery. Its main underlytng conditions which make up our in wholesale dumping of securities. The tenets included reestablishing a lean econ financial and industrial well-being are essen Treasury intervened by notifying "national omy in governmental expenditures, in tially sound and honest." 115 Surely, the pur bank examiners to approve all loans secured stituting a tax reduction, and paring the na pose, even the choice of words resounds fa by llsted stocks at their value as of July 30, tional debt. The rationale for this program miliarly in our ears. 1914, thus in effect putting a floor under se was that by relleving the investing classes of More concretely, Roosevelt used a set of curity prices." 42 On 29 November the New the heavy tax burden, they would be in a policies devised essentially to strengthen the York Stock Exchange reopened for bond trad position to resume their important function country's flnaru::ial institutJions by direct fed ing; and on 12 December 1t resumed full of providing the risk capital vital for eco eral assistance in order to place them in a operations. nomic growth. Similarly, the payment of the position where they could meet all demands At the outset of the war, American bankers national debt would place money in hands and thereby stem the panic at its source- and merchants were indebted to London by that would use it for additional capital the teller's Window. To this end, Secretary of some $450 mlllion in short-term obligations. investmen t.48 the Treasury George B. Cortelyou arranged When British bankers began calling these The business program was carried out with for a $25 milllon deposit o! government funds loans, the American banks ca.me under heavy impressive dispatch. The Budget and Ac in New York Oity's national banks, supple pressure from their frightened depositors. counting Act of 1921 established the Budget menting the private efforts of J. P. Morgan With a first-class panic facing them, the Bureau, which substantially cut governmen and others, including the New York Clearing bankers turned to the federal government for tal expenditures. In t'he Revenue Act of 1921, House, to a.mass currency at the banks suffi assistance. McAdoo, like Cortelyou before the excess-profits tax and the surtax on in cient enough to cover the demands of fright him, went immediately to New York City dividual incomes were lowered, although not ened depositors.• after providing Wall Street with $100 million to Mellon's complete satisfaction. Further These measures were only temporarily suc in emergency currency. Discovering there more, Herbert Hoover was busily transform cessful; within a week the New York bankers that the bankers were unable to obtain the ing the Department of Commerce into an were fearfully anticipating the collapse of necessary, additional relief via the Aldrich active agent for promoting business con an important brokerage house and another Vreeland Act because of its overly restrictive fidence and foreign trade in furtherance of trust company, and with them the closing of provisions, McAdoo promised to try to get Harding's goal of restoring the nation's Congress to a.mend that act within the next prosperity .49 Footnotes at end of article. twenty-four hours. True to his word, the The agricultural counterpart of this recov- September 12, 1979 CONGRESSIONAL RECORD - SENATE 24149 ery program included the Fordney Emergency in the program of expand'1ng the levels of gram can be understood only when one sees Tariff, passed in May 1921, with an anti construction and capLtal investment, main the intimate relation of his restraint to his dumping provision and high protective rates taining wage scales, and refraining from lay political philosophy, his image of America. on a number of farm commodities. Then after offs by spreading the work, was limited to past, and his vision of her future. Harding met with farm leaders and spokes persuasive encouragement and a massive FOOTNOTES men to determine their priorities, there fol propaganda effort to convince business and 1 Charles A. Beard, "Written History as an lowed in quick succession the Packers and the public alike that these efforts were suc Act of Faith," American ·Historical Review ceeding. In effect, this meant that the· suc l:3tockyards Act, the Future Trading Act, two 39 (January 1934): 220. amendments to the Fa.rm Loan · Act which cess of Hoover's program rested finally upon 2 the w1llingness of busin,essmen to assume William Starr Myers and Walter H. New made it easier for farmers to get larger loans, ton, The Hoover Administration, A Docu and the Emergency Agricultural Credits Act. the risks of conducting business as usual in The laitter, an administration-conceived spite of the depression. None of these vital mented Narrative (New York: C. Scribner's measure, expanded the loaning powers of the policies was made mandatory by law because Sons, 1936), p . 516. War Finance Corporation to include farmers' recourse to such direct compulsion was a Ibid., pp. 516-21. cooperatives and livestock growers and per repugnant to Hoover's political philosophy.6a •Ibid., p. 520. mitted the corporation to buy agricultural Similarly, Hoover's labor program was con s Ibid., p. 3. paper secured by farm commodities as a structed to use identical. methods and to a Ibid., pp. 4, 12, 25-30, 52-59, 122. 1 Ibid., pp. 88-94, 143-44, 163, 171-73. means of assisting rural banks. This program, conform to the same values and restraints. 8 enacted in the special session, was completed Labor's two ove-rriding objectives at this time Ibid., pp. 122, 142, 368. by 24 August 1921.GO were work and relief. For the successful im 9 Ibid., p. 370. During the winter of 1920-1921 there were plemelljtation of one, the workers were de 10 Ibid., p. 276. an estimaited 4,754,000 workers unemployed; pendent upon the goodw111 and success of u John Thomas Flynn, The Roosevelt Myth by tlhe late summer of 1921 the figure had businessmen cooperating voluntarily in a (New York: Devin-Adair Co., 1948), pp. 165, climbed to 5,753,000.51 "The laborer," Robert national undertaking and in the other upon 206. Murray has remarked, "was the Harding era's the resources and cooperation of private and i~ Edgar Eugene Robinson, The Roosevelt forgotten man." At Hoover's initiative, an un local-state agencies. The federal gover11i Leadership 1933-1945 (Philadelphia.: J. J. employment conference was held in Sep.tem ment's proper role here, Hoover believed, was Lippincott, 1955), pp. 36-37. ber 1921, where Harding "warned ... that the one of promoting and coordinating volun 1a Ibid., p. 400, conference should not seek unemployment tary action; the social and political price H Ibid., p. 376. subsidies from the federal government as a for going beyond this to direct federal action 1:; Earnest Kidder Llndley, The Roosevelt Revolution: First Phase (New York: Viking solution." 52 Instead, the conference members was too high to pay.51 were offered a program conceived by Hoover, For agriculture, Hoover devised the Fed Press, 1933), pp. 15, 272; Raymond Moley, one Which he l·ater reapplied during his own eral Farm Board with authority to assist After Seven Years (New York: Harper and presidency. His program called for stepping farm organizations in creating a system of Bros., 1939), p. 11; Rexford Tugwell, The up construction work, spreading jobs, in national cooperative associations and to set Democratic Roosevelt (Garden City, N.Y.: creasing public works, and furnishing local up stabilization corporations. The onset of Doubleday, 1957), p. 197; Robert Emmet relief for the unemployed. All this was to be the depression, however, shifted the Board's Sherwood, Roosevelt and Hopkins (New York: carried out by Hoover's preferred method of main effort from the cooperatives, where Harper and Bros., 1950 edition), I, pp. 46-48. voluntary cooperative action among the peo Hoover intended them to be, to the stab111- 1a Basil Rauch, The History of the New Deal ple themselves, spurred on by a high-powered zation corporations, which had been origi 1933-1938 (New York: Creative Age Press, public-relations campaign. The results of his nally conceived for temporary emergencies. Inc., 1944), pp. 15, 18; Dixon Weeter, The program were no more successful in 1921 than After the corporations failed to hold wheat Age of the Great Depression, 1929-1941 (New they were to be during the Great Depression.53 and cotton prices up by buying surplus York: Macmillan Co., 1948), p. 44; Richard The conclusion that emerges from this stocks, the Board retreated from the field, Hofstadter, The American Political Traditton summary account of the economic crises illj advising the farmers to control their own and the Men Who Made It (New York: Al the Roosevelt, Wilson, a.nd Harding admin production even if that involved the de fred A. Knopf, Inc., 1948), pp. 282, 289-90, istraitions is that the long-standing conten struction of excess crops. Like President 302; John D. Hicks, The Republican Ascend tion that no president, prior to Hoove·r, ac Harding before him, Hoover was unwilling ancy 1921-1933 (New York: Oxford Univer cepted federal responsib111ty for assuring the to support agricultural prices by federal sub sity Press, 1960), pp. 216-17. economic well-being of the natio11i needs to sidy.58 11 John Kenneth Galbraith, The Great be considerably modified, if not abandoned Thus, Hoover's policies for dealing with Crash 1929 (Boston: Houghton Mifflin Co., altogether.'>• None of these presidents was the Great Depression drew fully from the 1954). pp. 181-88. an exponent of laissez-faire ideology; all of peacetime precedents of · the past. He also 1a Arthur M. Schlesinger, Jr., The Crisis of them attempted to correct the economic dis added refinements and some outright inno the Old Order 1919-1933 (Boston: Houghton locations of their time a.nd restore prosperity. vations to the government's armory against Mifflin Co., 1957), pp. 246-47. And in each instance, their commitment in; depression. And some of the new devices, 19 Walter Lippmann, "The Permanent New valved a considerable measure of direct fed notably the practice of increased federal Deal," The Yale Review 24 (1935), reprinted eral intervention. There were, then, ample spending through an expanded public in Richard M. Abrams and Lawrence W. executive precedents during peacetime for works program, involved direct federal com Levine (eds.), The Shaping of Twentieth Hoover to use and to build uipon when he mitment. But even here the scope and effec Century America (Boston: Little, Brown Co., came face to face with an even graver crisis. tiveness of the venture was circumscribed 1965). p. 430. And he used them. by Hoover's insistence that all projects be 20 Abrams and Levine, Shaping of Twen Speclfically, Hoover imitated the past in self-liquidating. When Congress tried to go tieth-Century America, p. 436. his protracted efforts to protect a.nd strength beyond this conception to much more am 21 Broadus Mitchell, Depression Decade en the financial struoture of the nation. The bitious schemes, Hoover denounced the at (New York: Holt, Rinehart and Winston, Federal Reserve System followed an easy tempt as pork-barrel legislation and firmly 1947). pp. 38, 57, 77, 80-81, 86, 114-16, 306, money policy by lowering the discount rate exercised his veto power. For he remained a 341, 404-405. and by large open-market purchases of se true believer in a balanced budget, regard 22 Ibid., p. 89. curities. When obstacles appeared that hin ing it as crucial to the nation's financial 23 Ibid., pp. 88, 145, 190. dered this policy, they were removed by soundness and as vital for restoring business 2' Carl N. Degler, .. The Ordeal of Herbert amending the rules to broaden the types of confidence.59 And even though Hoover failed Hoover," The Yale Review 52 (1963), re paper eligible for rediscount and by sub here, it was not because he faltered in his printed in Abrams and Levine (eds.), The stituting government securities for com belief; the deficits were the unintended out Shaping of Twentieth Century America mercial paper as backing for Federal Reserve come of declining federal revenues. Hoover (Boston: Little Brown Co., 1971 edition), p. notes. Also, addition.a.I support for financial continued to insist that the primary respon 358. institutions was provided. by the creation of sib111ty for increased spending, sufficient to 20 Abrams and Levine, Shaping of Twen- the Reconstruction Finance Corporation, by revive economic activity, must rest upon the tieth-Century America, 1971 edition, p. 359. an act increasing the capital of the Federal. private and not the public sector. 2s Ibid., p. 363. Land Banks, and through the establishment Hoover was therefore a significant figure 21 Ibid., p. 364. of the Home Loan Banks. These measures in the evolution of governmental policies for 28 William Appleman Williams, The Con were designed to improve the liquid position dealing with depressions. But by the time he tours of American History (Chicago: Quad of financial institutions, thereby diminish left the White House he was standing solidly rangle, 1966), p. 438. ing the danger of runs and improving the upon a principled opposition to any further 29 Ibid. banks' capab1lity a.nd wi111ngn~ss to make expansion of direct federal intervention. He ao Ibid., pp. 428, 437-38. 55 loans. never thought it worth the candle to gain 31 Milton Friedman and Ann& Jacobson Hoover coordinated this financial policy prosperity at the expense of undermining Schwartz, A Monetary History of the United with a complementary one to encourage the American system. So that when one con States 1867-1960 (Princeton: Princeton Uni business and industry. However, in this area, templates his modest program in light of versity Press, 1963), p. 307. Hoover's means were significantly limited to Roosevelt's New Deal, there remain a great a2 My treatment of this episode draws persuading businessmen of the wisdom and many things which he refused to do, as heavily from material presented in Theodore utmty of carrying out the recovery measures Mitchell, Degler, Williams, and others have Roosevelt, The Letters of Theodore Roosevelt, voluntarily. The federal government's role pointed out.60 For the limits of Hoover's pro- edited by Elting E. Morison et al. (Cam- 24150 CONGRESSIONAL RECORD- SENATE September 12, 1979 bridge: Harvard University Press 1952), V. funding of USDA sponsored tropical and THE AMERICAN CONSUMER'S STAKE IN THE pp. 822-49. subtropical agricultural research. U.S. FOOD FOR PEACE PROGRAM 33 Ibid., pp. '848-49. In fiscal year 1979 a totg,l of $2.2 mil Mr. Tolan, distinguished members ot a. Ibid., p. 826. lion was appropriated by Congress spe America's food media, executive officers of 35 Theodore Roosevelt to Cortelyou, 24 Castle and Cooke, Del Monte, and Maul October 1907, text. printed in the New York cifically for this purpose. This support Pineapple, ladies and gentleman: Aloha! Times, 27 October 1907. has enabled the Pacific basin and the This year marks the twenty-fifth anni oo Roosevelt, Letters of Theodore Roosevelt, Caribbean centers to launch a significant versary of Ame·rica.'s steadfast humanitarian p. 822. program aimed at developing better ca commitment to its "Food for Peace" pro 37 Ibid., pp. 830-31. pabilities in tropical food production, gram. While the basic law (Public Law 480) 38 Ibid., pp. 848-849; U.S. pepartment of the handling, and marketing. This funding is has been amended several times, I consider Treasury, Response of the Secretary of the fostering the development of two tropical it a remarkable achievement that its cen Treasury to Senate Resolution No. 33 of Dec. research centers in Hawaii and Florida tral focus continues to be aimed at com 12, 1907 (Washington: Government Printing bating world hunger and malnutrition, and Office, 1908), pp. 7-11. Puerto Rico to provide focus and per encouraging economic development in the oo My material on Wilson is drawn primarily sonnel competence for a national re less developed countries. Other basic goals from Arthur Link, Wilson, The Struggle for search effort in tropical and subtropical of the legislation have been: to expand in Neutrality, 1914-1915 (Princeton: Princeton agriculture. ternational trade among the U.S. and friendly University Press, 1960). The initial aim, particularly in the nations; to faciUtate the convertab111ty of •o Ibid., p. 76; Ray Stannard Baker, Wood Caribbean basin, has been expanding currency; to dispose of surplus U.S. agricul row Wilson Life and Letters (Garden City, research efforts into several areas critical tural commodities; to promote the economic N.Y.: Doubleday, Page and Co., 1935), V, to tropical and subtropical production. stab111ty of U.S. agriculture; and to promote p. 97. U.S. foreign policy objectives. 4J. Link, Struggle for Neutrality, p. 76; Wil A key element in this research is a con Since 1954, in fact, over 265 million tons liam Gibbs McAdoo, Crowded Years, The centration on tropical/subtropical prob of agricultural commodities valued at over Reminiscences of William G. McAdoo (Bos lems that are of vital concern to U.S. $27 billion have been exported under Public ton: Houghton Mifflin Co., 1931), pp. 290-93. agricultural production. Law 480. Important as it is, however, Public u Link, Struggle for Neutrality, p. 77. This year, Mr. President, the Senate Law 480 food aid has declined in proportion 43 Ibid., p. 78. voted to increase section 406 funding by to total U.S. agricultural exports. According u Ibid., p. 79. to the U.S. Department of Agriculture, the 45 Ibid., pp. 81-90; Alexander Dana Noyes, an additional $1 million. The Appropria tion Committee's report (96-246) which annual value of all our agricultural exports The War Period of American Finance 1908- has risen dramatically from $3.1 billion In 1925 (New York: G. P. Putnam's Sons, 1926), accompanied H.R. 4387 makes a very 1955 to $27 .3 blllion in 1978, while the pro pp. 97. 113 ff. strong case for this increase: portion covered by Public Law 480 has de 4e My treatment of the 1920-1921 depres Research in tropical and subtropical agri clined from a high point of 33 percent in sion relies heavily upon material drawn from culture can provide obvious benefits abroad 1957 to only 4 percent in 1978. These figures Robert K. Murray, The Harding Era: Warren in terms ot increasing the productivity of the confirm the success of our commercial ex G. Harding and His Administration (Min small farms characteristic ot the developing ports more than any significant decline in neapolis: University of Minnesota Press, countries in tropical and subtropical regions Public Law 480 food aid. In fact, the yearly 1969). and in helping to offset some of the enormous value of Public Law 480 shipments has re '1 Ibid., p. 170. food deficits projected for the coming years. 48 mained close to one billion dollars since Ibid., p. 183. The Committee believes that the program 1970, although the volume of commodities 49 Ibid., pp. 172-74, 184, 190, 195-98. also has significant advantages tor agricul shipped has fluctuated in accordance with oo Ibid., pp. 201, 203, 206-10. ture in this country. At the very minimum, it 61 prices. Ibid., p. 84. can help us prevent foreign pests and diseases For fiscal year 1980, President Carter has r;2 Ibid., pp. 231-32. from gaining a foothold here. In addition, 53 requested $719 million in new budget au Ph111p Klein, The Burden of Unemploy by developing our knowledge of the special thority for Public Law 480, indicating that ment (New York: Russell Sage Foundation, needs associated with tropical and subtrop additional program costs wm be covered by 1923), pp. 57-59. ical agriculture, we help insure that busi repayments due to the Commodity Credit M Among those who have accepted and per nesses in this country wlll be able to share in Corporation. Food for Peace thus represents petuated this claim without modification, I the large and growing developing-world mar only 8 percent of the total foreign assistance include myself in The Poverty of Abundance: ket for agricultural services and equipment. request of $8.728 blllion which Congress ls Hoover, the Nation, the Depression (New The committee wlll continue to monitor this being asked to approve this year. Though York: Oxford University Press, 1965). important research effort with particular care small when compared to other national ex 55 Ibid., pp. 187-94. and ls optimistic about its potential achieve penditures, Public Law 480 food aid, never 68 For a more detailed treatment, see ibid., ments. (8en. Rept. 96-246 pg. 27.) theless, has a significant impact on develop Chapter 4. Mr. President, I believe this committee ing countries and it ts for this reason that 57 Ibid., pp. 142, 171-72. statement provides an excellent summary I believe Congress should insure that its 118 Ibid., pp. 121-24. as to why this proposed fiscal year 1980 impact ls consistent with the "new direc 5v Ibid., pp. 222, 227-29. $3.2 million appropriation for tropical tions" policy of our country's foreign as 60 For a discussion of the themes of change sistance efforts. and continuity and their interplay during and subtropical research is both timely I! at this point in my remarks you find the Great Depression, see Richard S. Kirken and appropriate. yourself doing a mental head scratch and dall, "The New Deal As Watershed: The Re However, Mr. President, there is an wondering: "But what has all this got to cent Literature," Journal of American His other unique aspect to section 406 pro do with the American consumer in the tory 54 (March 1968): 839-52. e gram initiative that I would like to point 1980's?" hold on for just a few more min out. It has to do with this country's long utes and follow the next set of numbers standing international commitment to closely. I'm about to turn the corner but, THE AMERICAN CONSUMER'S STAKE before I do, I believe it's vitally important alleviate the grave problems of world that you get a proper grasp of the world IN THE U.S. FOOD-FOR-PEACE hunger. In this regard, Mr. President, I food situation as it exists today and as It PROGRAM would like to bring to the attention of my ls projected for the future. • Mr. CHILES. Mr. President, on Thurs colleagues a recent address delivered on Nearly five years have passed since more day, September 13, House and Senate the subject by the distinguished Senator than 100 nations met at the U.N. World Food conferees are scheduled to meet to re from Hawaii, the Honorable Spark Conference to consider ways to ameliorate MATSUNAGA. In sharing this statement the world problem of hunger and malnutri solve differences in H.R. 4387, the agri tion. Participants discussed methods to In culture appropriations bill for fiscal year with my colleagues, I believe it is also crease food production, improve distribu 1980 as passed by the House and Senate particularly fitting to note that Senator tion systems and storage fac111tles, provide earlier this summer (June 19 to July MATSUNAGA authored the section 406 for more agricultural research and food aid, 19). amendment to Public Law 89-808, the and oombat related health problems. Mr. President, in anticipation of the Agricultural Trade and Assistance Act In the early 1970's, world food production conference, I wish to take this opportu in 1966 when serving Hawaii as a Mem and stock levels had been rather favorable. illty to discuss a small, but I believe ex ber of the U.S. House of Representatives. Within a short period, however, adverse Mr. President, at this time I ask that weather conditions and other factors re tremely significant, program area con sulted in a short supply situation. This re tained in this bill that deserves the con Senator MATSUNAGA'S April 22, 1979, sulted in a reduction of stocks, higher con tinued full support of the Congress. In speech, titled "The American Consumer's sumer prices, and a. decrease in the amount 1966 under the authority of section 406 Stake in the U.S. Food for Peace Pro of food aid available to developing coun of Public Law 89-808 the Secretary of gram," be printed in the RECORD. tries. In considering such events, the 1974 Agriculture was authorized to increase The speech follows: World Food Conference included in its rec- September 12, 1979 CONGRESSIONAL RECORD- SENATE 24151 ommendatlons proposals for an international are so poor that food shortages wlll develop resources among the poor may also make grain reserve to ensure food avallab111ty, and near the end of this year. Ten of these very little difference in the long run unless it increasing the world annual commitment for countries are suffering from drought which ls accompanied by sustained economic !'ood aid to 10 m1llion tons. Negotiations for wlll severely reduce production of their growth. the international wheat reserve were sus staple crops of maize and sorghum. Those countries which cannot grow ade pended last February. And only this year, An even more significant danger signal, quate quantities of food for their people for the first time, will food aid levels ap worldwide, is that the growth rate of world must become strong enough econmically to proach the 10 million ton goal. food production ls also declining. In the purchase and import their needs. During the latter half of this decade, the period 1961-70, world food production in Taiwan, South Korea, and India have often world food situation has been improving. creased at a rate of 2.8 percent. Between been cited as examples of countries which According to the March estimate of the 1970-77, the growth rate slowed down to 2.4 used to receive large quantities of conces United Nations Food and Agriculture Orga percent. Of this, total food production in sional food aid, but which are now able to nization (FAO), wheat and coarse grains creased at a rate of 2.7 percent for developed purchase most of their food imports on com production for the crop year ending in 1979 countries and 2.9 percent for developing mercial terms as a. result of their economic wlll be 1.142 billion tons. This ls 4 percent countries between 1961-70. Between 1970-77, growth. Food a.id helped these countries ex below last year and 2 percent below the long food production increased at a rate of 2.3 pand industrial employment at rates higher term trend. FAO reports that this marginal percent in developed countries and 2.6 per than would otherwise have been possible. decrease results from the expectation that cent in developing countries. For those coun This raised urban incomes, which in turn weather conditions wlll be average as op tries designated by the U.N. World Food increased effective demand for local as well posed to exceptionally good this year as com Council as food priority countries, food pro as imported foods. pared to last. duction increased at a rate of 2.5 percent in As I mentioned earlier, the Food for Peace Wheat production ls estimated by FAO to the 1960's and only 2.0 percent in the 1970's. Act (P.L. 480) has been amended several increase somewhat in the Far East and North When examined on a per capita basis, these times during the last 25 years. Each of these America and decrease in the Soviet Union, figures become even more meaningful. World times that the law has been amended, Con Western Europe and Oceania. Substantial food production grew at a rate of 0.8 per gress has attempted to fine-tune the legisla declines in coarse grain production a.re ex cent per capita between 1961-70 and only 0.5 tion to meet new or changing needs. Un pected in North America and Africa with percent between 1970-77. Developed coun fortunately, however, as my own experience increases in the Far East, La tin America and tries' food production grew at 1.3 percent with the 1966 legislation will attest, writing the Soviet Union. per capita in the earlier period and 1.4 per programs into law will not make them World cereal stock levels have also im cent in the latter. Developing countries' per happen. proved. FAO forecasts that stock levels wlll capita food production increased at a rate of Although, as I mentioned earlier, I have reach 205 mllllon tons at the end of the 0.6 percent in 1961-70 and fell to 0.3 percent been a consistently strong supporter of the 1978/79 crop season. This ls 26 million tons, between 1970-77. The per capita. growth rate Food for Peace initiatives from my very or 15 percent, more than last year. Of this, in the food priority countries was a positive first days in Congress, by 1966 I became in wheat stocks a.re forecast to be 84 mlllion 0.1 percent between 1961-70 and a negative creasingly concerned that at the then pro tons, up from 80 million tons at the end of 0.46 between 1970-77. jected rate of increase, the world's popula last year but lower than the 85 million ton What all these statistics add up to, accord tion was expected to double within 35 yea.rs. level at the end of the 1977 crop year. ing to agricultural economists, is that the At the very same time, per capita world Coarse grain stocks a.re estimated to be 95 annual food deficit of the less developed food production was expected to continue million tons, up from 75 million tons last countries is expected to jump from 36 mil 1ts decline-recall if you wlll those ominous year and 61 million tons for the crop year lion metric tons in 1978 to between 120 and figures I cited earlier that world food pro ending in 1977. Rice carryover stocks are 145 million metric tons in 1990. The stark duction grew at a rate of 0.8 percent per projected to be 26 million tons, up from 24 reality facing many of these countries ls capita between 1961-70 and declined to only million tons last year and 22 million tons at that they simply wlll not be able to increase a 0.5 percent rate between 1970-77. the end of the 1977 crop year. their food imports to meet their needs. Fur It didn't take much imagination to couple 1979 estimated carryover cereal stocks are thermore, even if they had the import capac those figures with our own U.S. food pro equivalent to 21 percent of consumption. ity, U.S. commercial exports and food aid duction capab111ty projections to realize that This ls up from 19 percent last year. FAO combined would not be able to provide grain the U.S. could not compensate indefinitely considers a level of 18 percent to be approxi on a sufficient scale without causing sharply for the food deficits in the developing coun mately the minimum level necessary for higher domestic and world food prices and tries. The inescapable conclusion I reached world food security. Between 19i73 and 1976, substantially fueling inflation. was that the U.S. would have to shift its carryover stocks were in the 13-14 percent As food media. journalists looking at con Food for Peace focus and begin to play a. range. sumerism in the 1980's, these figures should more active role in helping the developing The continuance of this favorable world be of immense interest and concern to you. countries strive to meet their own food pro food outlook depends largely on continued The implications are clear, and the message d uctlon needs. good weather conditions. While carryover ls self-evident. These projections lead to the Since it was also apparent that the world's stock levels a.re good, one or two years of unavoidable conclusion that it ls critically "hunger belt" of food deficient countries en unfavorable weather conditions could reduce important and in our own national interest compasses primarily the tropical and sub them to low levels a.gain. According to the to help developing nations to become self-suf tropical zones, it occurred to me that more United Nations Food and Agricultural Or ficient in food production. A hungry world attention had to be directed at food pro ganization, over 40 percent of world cereal ls an unsafe world. Unless we succeed in duction capablllties in the tropical and sub stocks ls held by the United States, mostly eliminating hunger from ~he face of this tropical regions of the world. I was confi in the farmer-owned grain reserve. Of the earth, we shall never attain our dream of dent, moreover, that by applying the same estimated 1979 world wheat carryover, 59 of continuing world peace. type of intensive experimentation that was the 84 mllllon tons ls held by the main ex This leads me to the second point I wish so successful with sugar and pineapple in porters. Of course grain stocks, 70 of the to pursue briefly with you this afternoon. Ha.wall and wheat, com, and beef in the 95 mllllons tons ls held by ma.in exporters. While I have always been deeply committed mainland United States, food production in Of the total estimated 1979 cereal stock to the concept that our country has a respon these food deficient countries could be vastly carryover of 205 mllllon tons, 162 mllllon sib111ty to share our agricultural plenty with increased. tons ls held by the developed countries and other nations of the world which are in With this specific intention in mind, I only 43 mllllon tons by the developing coun need, it has become increasingly clear to me introduced and succeeded in obtaining pas tries. These latter countries are most likely that supplying direct food aid alone is not sage of an amendment establishing a · new to need emergency supplies as a result of the long range solution to the problem. World program in Section 406 of the Agricultural crop shortfall or !allure, or for disaster relief. hunger simply wm not be licked until food Trade and Assistance Act of 1966 (Public FAO also maintains a monitoring system deficient countries acquire the means, skllls, Law 89-808, Section 406). My amendment showing in what countries abnormal food and wherewlthall to produce and purchase authorized the Secretary of Agriculture to shortages and unfavorable crop conditions food stocks to meet the minimum needs of expend $33 million annually "to conduct exist. According to their report released in their own populations. research in tropical and subtropical agri early March, 15 countries are affected or Developing nations must be active par culture for the improvement and develop threatened by abnormal food shortages. ticipants in their own development, not ment of tropical and subtropical food prod These shortages largely resulted from crop merely recipients of outside aid. They need ucts for dissemination and cultivation in shortfalls in 1978. Thirteen of the countries greater access to land, improved technologies, friendly countries." The clear intent of this a.re in Africa and two in Asia. Two of the better jobs and wages, more locally produced amendment was to e.ssist those countries countries were added to this list within the foods, improved diets and a greater voice in most in need of becoming self-sufficient in past month. FAO also reports that the coun decision-making on these matters. Govern food production. tries suffering the most severe food problems ment actions are also critical: They can be Because the geographic and climatic con a.re Angola, Ethiopia, Vietnam, and Zaire. supportive or counterproductive to grassroots ditions of three areas of the United States, Unfavorable crop conditions exist in 21 development. Experts have been telling us for Hawaii, Florida and Puerto Rico, closely different countries. Many of these countries over a. decade that traditional economic parallel the conditions found in the food have been experiencing drought during the growth strategies which involve external in deficient countries, it was anticipated that past few months. FAO estimates that the vestment, trade, and aid do not always help much of the Section 406 Food for Peace crop conditions in several of these countries the poor. But redistributing scarce internal research would be conducted in the land 24152 CONGRESSIONAL RECORD- SENATE September 12, 1979 grant colleges and USDA labs located in these feel it ls relevant and meaningful, share or distribute its gold back ln 1976. It ts esti areas. · it widely. You should bear in mind that mated that 25,000,000 oz., one sixth of its Unfortunately, during the Nixon and Ford the primary recipients of U.S. foreign assist gold holding, wm have been sold at termi Administrations, relevant programs were ance-the poor, the hungry, the 111 clothed n81t1on, by auction. In addlition, ,another never fund·ed or implemented beyond token wleld little or no influence in Washington. 25,000,000 oz. wlll have been returned, resti levels. Without going into a detailed ex It's up to the American voting public then tuted in technical terms, at the a.ttra.otlve planation, suffice it to say that my Section to let lt be known that grass roots support price of $42 per oz., to member countries. 406 initiatives were simply buried in the does exist for America's Food for Peace The nations a.re holding on to the gold. backwaters of the bureaucracy. efforts. One might think thait the gold marke~ Under the Carter Administration, however, It has been said that the worst sin toward would suffer under the pressure of large the Matsunaga Amendment has found new our fellowmen ls not to hate them but to be sales by the U.S. and the I.M.F. On the con life. Agriculture Secretary Bob Bergland, in indifferent toward them. At all costs, we trary the m1l.1.·'°r& for the pro-visions of your "Com NATIONAL AsSOCIATION OF SOCIAL WORKERS, INC., first attempt at making macaroni pie, I dust prehensive Mental Health Act" (S. 1289) otr my soapbox and climb upon it. which would eliminate the discriminatory Philadelphia, Pa., August 17, 1979. Hon. JOHN HEINZ, III, Gather ye, old, adolescent, and young for restrictions now imposed under Medicare for what is said affects ALL of us. the treatment of mental lllness. Federal Building, Philadelphia, Pa. I woul<1 be pusillanimous 1f I did not speak We believe your legislation will provide the out on behalf of our police. urgently needed elimination of second-class MY DEAR SENATOR HEINZ: The Committee on the FriaJil Elderly of the NASW council Sacred ground has been violated within citizenship now imposed upon those elderly our Holy City. Our police have been de suffering from mental illness-a. condition on Aging has been WOll"king for the pest two yea.:rs to contribute their expertise to the graded and shot at as 1f they were nothing under which as many as 25 percent of our but common criminals. nation's elderly now suffer and have suffered field o! serving those who are elderly a.nd at risk. The greatest degradation to our police has since the enactment of Medicare over a dec come a.bout through a.pa.thy. We, the good ade ago. We commend you for your legisla One of our majOll" ooncerns h!B.S been the la.ck of adequate mental health services citizens, have permitted low salaries, la.ck of tive effort to bring the treatment of mental respect, and laws to be passed on behalf of illness to the same level of ca.re permitted for the elderly. We feel tha.t your Bill S. 1289 is the opportunity for a tremendous what appears to be the protection of the to the physically 111. criminal. Why should any policeman have to The American Psychiatric Association en step forward. This bill, when ena.cted, will expand Mi aged person's a.bllity to obtain answer if he shoots a. criminal while that dorses and supports S. 1289's elimination of criminal ls performing a. criminal act? the restrictive 190-da.y lifetime limit imposed outpaitie:nt ca.re as well as· short-term in patient ce.re. We are hopeful these J>rov1- Perhaps, in my day, the law was hard, on inpatient treatment of the mentally ill; but the philosophy was that the criminal the reduction of the copa.yment from fifty to s1ons may decrease the need for instttu tJ.ona.limtion as well. shouldn't have been committing crime. twenty percent for outpatient services; and Where I was raised on Boga.rd Street be the deletion of the inappropriate $250 ce111ng We wish t.o congratul·ate you for S. 1289 and a.sS'W"e you of our enthusiastic support. tween Coming and St Ph111ps Streets, you placed on Federal reimbursement for out Sincerely yours, shot first and looked out the window and patient treatment of the mentally 111 Medi ANNEW. WEBB, said "Who WAS that?" Never did you say care patient. "Who's that!" as some guy tried to break Also, the American Psychiatric Association Chairperson for Committee on the Frail Elderly.e in your home. Ah, yes, those were the days supports the bill's inclusion of Community when poor was poor and people were people. Mental Health Centers as eligible Medicare We had integration before we even knew providers when such treatment is under the SEND A MESSAGE: "I BACK OUR there were such a. word. We shared with one "case management of a. physician." We a.re POLICE" another just because we were people and pleased that you have recognized the critical cared for our neighbor. Our forefathers were role of physicians-specifically psychia e Mr. HOLLINGS. Mr. President, re poor and they founded a. nation that stands trists-in assuring that appropriate differen cently a constituent in South Carolina as a. beacon light to the world. tial diagnoses a.re made for those elderly in wrote an eloquent letter to the Charles Today our police are up against not only dividuals seeking treatment for mental illness ton Evening Post in support of the un common criminals, but organized crime in under Medicare. In great measure, such pro its most sophisticated form. vision responds to a recent Federal Court tiring and dedicated efforts of our law enforcement workers. Her points are well Our young police can picket for more pay decision (Virginia Academy of Clinical Psy and better conditions, which we know they chologists, et. al. v. Blue Shiela of Virginia, stated and deserve to be taken very seri rightly deserve. However, unless we unite to et. al.) where the Court held: ously. Especially is this true as concerns help our police, the effort ls a waste of time "It ls t'.Mle that both psyoholog1sts and her point about explicitly supporting our and energy. psychia.trists professlonially render psy police men and women. Our support Send your newspaper a postcard saying, "I chotherapy to patients. But in the treat must go beyond simply the verbal and ment of nervous '8Jlld mental disorders, psy back our police." It would be a. step toward chiatrists a.re capable of providing a. full should be translated into the material rebuilding the moral essence of our nation. range of psychiatric treatments, not just support our police force needs to be re (Mrs.) RON HANNA .• psyohotherapy. In addition, as medical doc compensed appropriately for their dedi tors, psychiatrists may render medical tree.it cated efforts to keep the peace and ment and diagnosis. It is undisputed that maintain order in our communities. Mrs. AVIATION HALL OF FAME, INC. clinlcad. psychologists a.re not qua.lifted to Hanna writes, "Unless we unite to help e Mr. GOLDWATER. Mr. President, as diagnose nervous and mental di'SOrcieTS and ·our police, the effort is a waste of time statutory agent for the Aviation Hall of to decide from whalt sour.ce these disorders stem." and energy." Fame, I should like to present for print We a.re p·leased that 1n you!l" statement Mr. President, letters like these, and ing in the RECORD the report on exami upon introducing the blll th'Wt you do not my recent month in South Carolina nation of financial statements and sup "denigrate or discriminate" against psy travelling through 23 counties of our plemental data for the year ended De choania.lysis es e.n "&pproprla.te method of State, convince me that our citizens con cember 31, 1978." The report was pre treatment for the correction of specific func tinue to have a realistic and appreciative pared by Coopers & Lybrand, certified tional lmpa.lrments," but seek prima.rtly to attitude of the problems America faces. public accountants. address the fa.ct that such treatment modali ty has not yet been detenruned adequately Their approach is one of commonsense, The report follows: to be medically appropriate for the elderly, and they realize where Government has AVIATION HALL OF FAME, INC. per se. We a.re oonftdent tha.t the prov1sdon gone astray. What is needed now is To THE BOARD OF TRUSTEES, articulating such restriction wm be amended leadership which is reflective of those Aviation Hall of Fame, Inc., technlcad.ly to conform to your stwted posi fundamentally sound instincts. Dayton, Ohio: tion to the effect that it ls not intended to No area of endeavor is more impor We have examined the balance sheet of wpply more broadly to other Medloa.ire popu tant, and none is taken more for granted, the Aviation Hall of Fa.me, Inc., A Public laitions, such as the d1sabled, nor to dis than the continuing efforts of our law Foundation, for the year ended December 31, criminate a.ga.dnst a.ny speciftc modality inBO enforcement agencies and their work 1978 and the related statements of revenue, fv es the treatment of the mentally ill expense and fund balance and changes in within other populations is concerned. force. We should be taking more care financial position for the year then ended. We look forward to working with you and to express our unceasing support, and Our examination was ma.de in accordance your st.a.ff in support of this legisla.tion and we must back that support with the ma with generally accepted auditing standards to provide assistance through our Division terial incentive for these good people to and, accordingly, included such tests of the September 12, 1979 CONGRESSIONAL RECORD - SENATE 24155 accounting records and such other auditing ices. Donated office space consists of an of procedures as we considered necessary in the 1978 1977 fice and storage provided by the City of circumstances. The financial statements of Dayton. Donated services consists of time the Aviation Ha.11 of Fame, Inc. for the year Expenses: donated by the Board of Directors for the ended December 31, 1977, before restate Management fee ______$24, 800 $24, 000 Foundation. Salaries and office help______10, 781 9, 285 ment, were examined by other auditors whose Enshrinement dinner______41, 477 30, 095 2. Collections: report dated March 13, 1978 on those state Membersh ip expenses ______14, 057 ------ments was qualified, as being limited to the Exh1b 1ts______2, 438 The Foundation has acquired by purchase examination of the Foundation's recorded Cost of medals and other items _____ 3, 000 3, 511 or through donations, various models, books receipts, and except for the Foundation's Office supplies ______6, 673 7, 048 and other memorabilia relating to the field 2 2 of aviation since its founding. Because the policy of recording the disbursements for ~~r:~~~n-e======• ' furniture and fixtures in the statement of Payroll taxes ______m580 m521 value of these items are not readily de operations in the year of purchase. Contributions ______250 ______terminable and they can be considered inex Depreciation______308 233 haustible items, the Foundation has not The statement of changes in financial posi Miscellaneous ______517 3, 465 capitalized them. The value of objects ac tion for the year ended December 31, 1977 was quired by gift for which the Foundation not part of the financial statements examined Tota'------105, 822 83, 686 Excess of expenses over revenue and can make a reasonable estimate is reported by other auditors, and is included for com support before unrealized secur ity as gifts in the statement of revenue, expenses parative purposes only. Accordingly, it is losses and adjustments ______(5, 284) (12, 945) and changes in fund balance. marked unaudited. Fu~d balance, beginn ing of year, as pre- 3. Advances: We also reviewed the adjustments de viously reported ______36, 655 50, 073 The Foundation has received advances scribed in Note 4 that were applied to restate Adjustments (Note 4) ______2, 447 1, 974 the 1977 financial statements. In our opin from customers on the sale of sterling silver ion, such adjustments a.re appropriate and As restated ______------39, 102 52, 047 replicas of the "Spirit of St. Louis" airplane. have been properly applied to the 1977 finan Fund balance, end of year. ______==33=,=8=18==39=,=10=2= Because the Foundation was unable to locate cial statements. a source capable of making a model of suffi cient quality, the Foundation has canceled In our opinion, the 1978 financial state Note: The accompan yi ng notes are an integral part of the the orders for the replica and will refund the ments referred to above present fairly the financ ial statements. customers for their advances. financial position of the Aviation Hall of Fame, Inc. as of December 31, 1978 and the STATEMENTS OF CHANGES IN FINANCIAL POSITION FOR 4. Change in Accounting Principle: results of its operations and the changes in THE YEARS ENDED DEC. 31, 1978 AND 1977 During the year, the Foundation change======----- ~- - ~ ------~- -~ Net increase (decrease) in cash and certificates of deposit______(17, 070) 22, 161 membership, sponsor events and any other Total______90, 250 93, 958 Cash and certificates of deposit, begin- services required by the Foundation. Man ning of year ______89, 299 67, 138 LIABILITIES AND FUND BALANCE ======agement fees paid amounted to $24,800 and Cash and certificates of deposit, end of ======$24,000 in 1978 and 1977, respectively.e Accounts payable 17 470 year ______Advances (Note 3) ------38' 391 3, 471 72, 229 89, 299 42, 935 8, 000 ~~~~~=~ ~x~~~~~~-~~~~~~ ======----_'_57i - 450 Note : The accompanying notes are an integral part of the REGULATORY IMPACT STATEMENT financia1 statemen1s. ON H.R. 3914 Total current liab ilities ______56, 432 54, 856 Fund balance: ======e Mr. EAGLETON. Mr. President, on Designated for cap ital expenditures_ NOTES TO FINANCIAL STATEMENTS August 14, 1979, the President signed into Des ignated for promotion 1. Summary of Significant Accounting Pol Undesignated ______: ==== =: === ~: b6~ -----~·- ~~~ law Public Law 96-57, an act to amend 20, 102 31, 232 icies: the National Capital Transportation Act Total fund balance ______33, 818 39, 102 The Corporation, A Public Foundation, was created by an Act of Congress, Public of 1969 to remove the limitation on the Total liabilities and fund balance __ 90, 250 93, 958 Law 88-372, July 14, 1964, to honor out amount authorized for District of Co standing persons in the field of aviation. lumbia contributions for the cost of con . Note : The accompanying notes are an integral part of the The Internal Revenue Service has confirmed struction of the rapid transit system of financ1al statements. t he status of the Corporation as a tax the National Capital region. exempt public foundation. STATEMENTS OF REVENUE, EXPENSE AND FUND BALANCE Through an oversight, report 96-263 FOR THE YEARS ENDED DEC. 31, 1978 AND 1977 Furniture, fixtures and equipment are re of the Governmental Affairs Committee. corded at cost when purchased or at esti filed when H.R. 3914 was approved by mated values when received as a donation. the Senate on August 2, 1979, failed to 1978 1977 Depreciation is computed on the straight line basis over the estimated useful lives of include a regulatory impact statement, as Support and revenue : t he assets (Note 4). required by rule 29.5 of the Standing General ll)embersh ips______$27, 565 $14, 300 Donated materials other than collections Rules of the Senate. Organizational memberships ______22, 000 12, 525 Mr. President, in accordance with rule Enshrinement dinner 29, 600 28, 055 are recorded at their estimated value at the Sales of medals and otheri te-rii s- --- 7, 826 3, 182 date of receipt. No amounts have been re 29.5 of the Standing Rules of the Senate, Donations ______-- - - 9, 626 9, 277 flected in the statements for donated office Interest and dividends __ __ :::::::: the committee does not consider that the 3, 921 3, 402 space and services as no objective basis is codification of H.R. 3914 will have any Tota'------100, 538 70, 741 available to measure the value of such serv- regulatory impact.• 24156 CONGRESSIONAL RECORD-SENATE September 12, 1979 SOVIET TROOPS IN CUBA -in dealing with the troop issue, I beiieve In Detroit, 30 percent of the school dis that a crisis can be avoided. trict population is of eastern European • Mr. PELL. Mr. President, having just There has been a lot of speculation heritage, but only 1 of the 54 top ad returned from London as a member of about the effect of the Cuban issue on ministrators in the Detroit school system the official American delegation to the SALT II. I have supported the adminis is of similar ethnic origin. funeral of Lord Mountbattan, I would tration's opposition to linking Soviet be In Chicago, Polish Americans com like to record my views on the recent havior around the world to the SALT prise 17.8 percent of the population. But confirmation of Soviet combat forces in Treaty. But I also realize that, inevitably, city and Federal agencies there employ Cuba. I believe that the President has linkage will occur if the Soviets do not only the smallest token numbers of done the right thing in pressing the So respond positively to the concerns we Poles. in administrative positions. viets for a full explanation of why they have raised regarding Cuba. There ought In the leading law firms of San Fran have combat troops in Cuba. At the same to be a distinction, however, between cisco, Chicago, Philadelphia, Los Angeles, time, the President has wisely avoided speculating on the possibility of linkage Washington, D.C., Boston, and New an intemperate reaction to a situation and laying down specific conditions that York, there are only a handful of Slavic that does not represent a direct threat American partners. Their exclusion is to the United States. will actually forge that linkage. I urge, My own view is that the greatest po therefore, that we give diplomacy a almost total. tential threat arising from the Soviet chance and reserve judgment on the link Perhaps the problem of Slavic Ameri presence in Cuba relates to our interest age issue until the results of the admin cans is that they have asked for so in th~ stability of the Caribbean area. If istration's diplomatic efforts are clear little. They have so appreciated the free the Soviets are contemplating the estab and their adequacy fairly evaluated.• dom and prosperity of America, and lisbment of a base that eventually could have been so devoted to their country threaten our friends and allies in the in time of war and in time of peace, Caribbean, the Soviets must be made to SLAVIC AMERICANS-GOOD that they are taken 'for granted in poli understand that we cannot tolerate that. AMERICANS tics, oftentimes by the very politicians Similarly, if the Soviets are in Cuba in •Mr. HELMS. Mr. President, a few whose policies so adversely affect ethnic order to underwrite renewed Cuban ad weeks ago, the Senate agreed to an Americans. venturism in the area, we must make it amendment which I offered to a bill ex I do not think it will always be so. clear that that would be unacceptable tending the authorization for the Civil A new awareness is spreading in ethnic to us. Rights Commission. The Helms amend communities: A realization that it is I find it difficult, however, to believe ment directed the Commission to investi time to defend the legitimate rights and that the Soviets would be so foolish as gate the negative effects of various Fed interests of all citizens. I have been asked to try to establish a base for such pur eral laws and policies, including "affirm why I should be concerned with this poses in our backyard. I am there!ore ative action" programs, upon Ameri situation as I have very few constituents hopeful that we will be able to work out cans of eastern and southern European affected. The answer, Mr. President, as something with the Soviets that will ade ancestry. I have said before, is simple equity across quately deal with our concerns. It is especially ironic that Federal the board for all people. I look forward In this regard, I hope that neither the policies should treat so poorly these to the day when Federal policies and administration nor my colleagues in the Americans who have given so much to officials will stop their discrimination Senate will lay down specific ultimatums their country and have asked for so little. against these admirable Americans. concerning what the Soviets must do. Their communities, usually located in I request that the September 12, Wall Secretary Vance said at his press con the cities of the Northeast, are apt to be Street Journal article, "Slavic Neighbor ! erence last week that the status quo was model neighborhoods, clean, safe, law hoods, Proud and Close-Knit, Flourish unacceptable. That was a carefully word abiding, church-going, and patriotic. It in Pittsburgh," be printed in the RECORD. ed statement that leaves flexibility con is tragic that, in return for being such cerning just exactly what will be accept good Americans, they have been treated The article follows: able to us, and this flexible approach like second-class citizens by the Federal SLAVIC NEIGHBORHOODS, PROUD AND CLOSE• ought to be continued by the President Government. Their communities have KNIT, FLOURISH IN PITTSBURGH and supported by the Senate. been plagued by busing edicts, their chil (By Carol Hymowitz) In judging what Soviet action would dren have been displaced from scholar PITTSBURGH.-Family gatherings aren't represent an acceptable response to our ships and educational opportunities just !or holidays 1! you live the Slovak tra ditions of the Gasparik clan. Every after concerns, I off er the following sugges through affirmative action, their bread noon, 89-year-old Elizabeth Gasparik gath tion. The tests of acceptability should be winners will suffer most from the immi ers with a dozen or more of her 10 children whether the Soviet action makes it clear: nent recession that has been provoked by and 52 grandchildren and great-grandchil First, that Soviet forces in CUba will not the frivolous economic policies of the dren, much as her ancestors 1n the old coun be ~ven a capability to threaten directly Carter administration. try gathered !or daily visits. either the United States or any other na And yet, ethnic Americans proudly en The Gaspariks don't have far to travel. A tion in the hemisphere; and second, dure and, despite the obstacles thrown in daughter and three grandchildren live on that Soviet forces in Cuba are not de their way, forge ahead, generation by the second floor of Mrs. Gasparik's home; signed in any way to support Cuban mil generation. I would like to share with my next door is a son and his family, across the itary adventurism in Latin America. If colleagues an article from today's Wall street a granddaughter, down the 1block &n Street Journal, which eloquently de other daughter. In !act, the Gaspariks refer these tests are met, we should not, in to South 24th Street as Gasparik Street my view, be concerned about whether scribes life in the Slavic neighborhoods because all but two of the eight two-story some Soviet presence in Cuba continues. of Pittsburgh. And I hope that those who wooden homes on the block are owned and In this latter connection, we ought to read it will listen to the words of Anne occupied by Gaspariks. Sadowski, a second-generation Ukrain "We go through everything together," says bear in mind that it is not unique for ian American, who recalls, "You were one superpower to have a military pres Mrs. Gasparik's youngest daughter, Lois, 46. just a hunky then," a few decades ago, Though the family is now so large that lt ence close to the other. We have had when she lost her job because she re must rent a hall !or Thanksgiving dinner, some 5,000 troops in Turkey for many fused to change her Slavic name. "you can't get a toothache without every years; so we should not exaggerate the Perhaps the Members of Congress body knowing about it," she says. significant of some 2,000 to 3,000 Soviet would prefer to believe that such bigotry Fammes like the Gaspariks are prevalent troops in Cuba. The Soviets, of course, does not exist nowadays. It does. It is in the white ethnic neighborhoods that dot know that we are not using Turkey as rampant, especially in the bastions of this city. Many such neighborhoods ln other a base to threaten the Soviet Union or liberalism. Is it not peculiar that no cities have gone the way of urban renewal its Eastern European allies; and we or decay, but in Pittsburgh, tightly knit Slavic American has ever been named communities of Slovaks, Poles, Croatians and should expect and demand that Soviet to the Supreme Court? Is it not remark other descendants of the thousands of forces in Cuba will similarly represent able that in one administration after Eastern Europeans who came here early ln no threat to us or our allies in this hem another no Slavic American has been the century to work ln the steel and coke isphere. If we maintain this perspective named to a Cabinet post? industries remain remarkably intact. September 12, 1979 CONGRESSIONAL RECORD- SENATE 24157
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.