SENATE-Thursday, February 27, 1981

February 27, 1981 CONGRESSIONAL RECORD-SENATE 3275 SENATE-Thursday, February 27, 1981

(Legislative day of Monday, February 16, 1981) The Senate met at 11 a.m., on the ex S. 598. A bill to amend the Internal Reve with the Senate and House Office piration of the recess, and was called to nue Code of 1954 to exempt from taxation Buildings. order by the President pro tempore Canada, they are tired of enduring multibillion Japan, South Korea, Germany, and Committee on the Judiciary. dollar deficits. By Mr. JEPSEN: Sweden, to name just a few examples, S. 5q7. A bill to eUmi11ate the nosition of In recognition of that message, I am offer substantial tax relief to their citi elevator operator in the Senate Office Build introducing a bill which would eliminate zens working overseas. It is not coinci ings; to the Committee on Rules and Admin the elevator operator jobs in the Capitol dental that these countries are the ones istration. complex. This includes the Capitol, along leading the erosion of America's share

e This .. bullet" symbol idenillies statements or insertions which are not spoken by the Member on the floor. 3276 CONGRESSIONAL RECORD-SENATE February 27, 1981 of international commerce. The Foreign In other words, Green Construction can There being no objection, the article Earned Income Act of 1978 places hire three foreign engineers for the price was ordered to be printed in the RECORD, American exporters at a severe competi of one American. a~ follows: tive disadvantage vis-a-vis the rest of the Of the $80,000, $50,000 of it goes for COSTLY FALL IN EXPATRIATE JOBS world. Our ability to engage in foreign increased living expenses and to compen (By Robert D. Hershey, Jr.) trade has been hampered. sate for the unfavorable tax status. In LoNDoN, February 18.-Tax penalties, a The intent of the current law was to the absence of the law, American engi weak dollar and soaring inflation have made insure that Americans working overseas neers would be competitively priced. it so expensive to employ Americans overseas bore a fair share of their responsibilities However, the inability of American firms that large numbers o! them are being re as citizens of the United States. The to subsidize their own personnel over placed by other nationalities at what ap "citizenship basis" for taxation on seas is not principally an employment pear to be major economic and political costs to the United States. foreign earned income is, in theory, a problem. It is the secondary effects which American executives say the problem powerful argument. In practice, it turns produce the most critical economic dif which has been building !or many years, out to be punitive. American citizens ficulties. Because of the familiarity with now jeopardizes billions o! dollars o! exports abroad suffer hardships and inconven American equipment demanded for a and hundreds o! thousands o! job at home ience that place them in an inferior construction project, foreign employees and abroad. position to their colleagues at home. are ill-equipped to bll substituted in A recent report issued by the President's The equity argument loses credibility American contracts. Often, the contract Export Council, an advisory group headed by is lost as a result. If it is won, foreign Reginald H. Jones, chairman o! the General when confronted with fact. Living in Electric Company, echoed that view. The the Middle East, the Orient, and South equipment is frequently used. The Amer council declared that the trend o! Ameri America is not the paradise supporters ican economy loses either way, since it is cans being taxed out of competing in foreign of the 1978 law would have us believe. equipment orders generated by foreign markets had produced a "sharp" loss of busi It involves considerable psychological contracts which stimulate employment ness, contributing to the balance-of-pay and professional sacrifice. Hostile cli and production here at home. ment deficit, a loss of American jobs and a mates, separation from American life Although Iowa is usually thought of decline in "presence and prestige" abroad. and American friends, poor living con primarily as an agricultural State, it has Not only are United States and !oreign ditions, and general dislocation are no a substantial manufacturing sector, companies increasingly reluctant to subsidize small burden. It is beyond me why the much of which is involved in overseas American workers overseas, but the workers law punishes these people. It should re themselves are rejecting job offers because o! trade. Nearly 800 firms in Iowa derive the financial burdens posed by such a move. ward them. substantial sales from abroad and some The expatriates say that many laws and Both with respect to other nations' 20 percent of the Iowa industrial work practices tend to make second-class citizens treatment of its expatriots and with re force is employed in export or related of the two milllon of them who live overseas, spect to our treatment of domestic tax services. Our competitiveness in interna but income taxes are regarded as the most payers, the Foreign Earned Income Act tional markets is critical to the Iowa damaging !actor. The United States is the of 1978 discriminates against our citizens only major country that taxes income earned economy. In conversations with business abroad, a fact that increasingly places Ameri living abroad. The equity purpose has executives in the State, a recurring failed miserably. cans and their companies at a competitive problem on their lists of barriers to disadvantage. Americans overseas often pay The efficiency argument is even foreign trade erected by the Federal !oreign income taxes as well, but they re stronger. Current law not only burdens Government is the Foreign Earned In ceive a credit !or such levies when they file American individuals working abroad, come Act of 1978. They are losing con their American ta.x returns. more importantly, it restricts our foreign tracts and Iowa is losing jobs. They want "What we're seeing is a !arm o! discrimina trade initiatives considerably. As a result, something done and they want it done tion against Americans by our own Govern our position in international markets has ment," said John G. McCarthy, Jr., vice suffered. This, in turn, has adversely im now. president o! Russell ReYnolds Associates, an pacted on employment and production American firms need to station mar executive recruiting company. "It means here in the United States. keting, sales, and administrative people Americans seeking to work abroad are bur U.S. construction contractors have overseas <}r they lose out on export con dened with cost !actors which other nation been especially hard hit. Between June tracts. The United States loses produc als do not have." 1975 and April 1978, when the current tion and job opportunities. It is that Mr. McCarthy, who runs the firm's Middle East operation !rom London, said the com law became effective, Americ~n firms simple. State export commissions have the same requirements. Ones such as the . pany had conducted searches !or about 35 were able to win more than 10 percent of Middle East clients last year, all o! whom ·an construction contracts awarded in the Iowa Development Commission inform me that their effectiveness is radically would have preferred an American. In all Middle East. In the 2 years since passage but three cases, however, the jobs were of the act, the performance record has restricted because they can afford to man filed by Britons for reasons o! cost. Other undergone a dramatic retrenchment. In only one foreign office. The entire State American jobs overseas, he said, are being 1979 the American share of construction suffers. taken by Canadians, who pay no income tax contracts was a meager 1.5 percent. In The legislation I am introducing today at home so long as the em!)loyee is ac 1980 it fell even farther. The outlook for parallels a bill introduced by Congress companied abroad by his !amily. the future is not encouraging. It is not man BILL FRENZEL, of Minnesota. It elim American companies are confronted by the mere coincidence that this frightening inates all U.S. taxes on foreign-earned same problem. William Ferguson, a senior income. Americans working overseas con manpower manager !or General Electric here, decline in the competetive position of the said it could cost G.E. $90,000 or more in United States parallels the effective term tinue to pay foreign taxes and exemption pay and allowances to maintain an American of the Foreign Earned Income Act. does not apply to unearned income. With overseas who is paid only $30,000 at home. Our construction companies can no a $60 bUlion deficit expected for the cur "It's really disturbing," said Mr. Fergu longer afford the elevated personnel rent fiscal year, this is no small matter. son. "We can hire two tully qualified British costs due to the tax. Every time we generate $1 billion of in nationals and afford to train them in our Korean, Indian, and Japanese compet cremental export trade, we provide 60,- products !or less than we can put one itors undercut our bids time and time 000 new jobs. Our present policy of dis American on the payroll." again. Although many countries would couraging a competitive position in world He added that five years ago the United prefer to do business with the United markets for our companies is hurting all States was the leading exporter to Saudi States, they are unable to ignore the high Americans. It is time to halt this prac Arabia, but that it had slipped to third or tice. My bill accomplishes this in an !ourth position because o! the high cost o! cost. They cite personnel expenses due doing business there. "We would love to to our tax code almost every time. In my equitable and straightforward way. I double our sales and marketing operation in own State Green Construction pleads the strongly urge its adoption. the Middle East, but we just oan't afford it," case in simple terms. To employ a British I ask unanimous consent to have he added. engineer, it costs them $25,000. A Ger printed in the RECORD at this point an While a British employee can quadruple man is about $30,000. An American of article from the New York Times on the his after-tax earnings by going overseas, his comparable skill requires almost $80,000. adverse effects of U.S. tax law on exports. American counterpart usually fares no bet- February 27, 1981 CONGRESSIONAL RECORD-SENATE 3277 ter than he would have at home. At times, troducing legislation to define the term their legislature pass such a resolution. the American is actually penalized by taxes "artificial bait" for the purposes of the If the other legislative body in those four levied on allowances lor what in many c11ses Internal Revenue Code. States should act, the required two are ast;ronomic costs for rousin~ and educa tion. In some cases, an American's tax liabil Section 4161 of the Internal Rev thirds of the States will have petitioned ity may exceed his basic salary before ad enue Code specifies that "artificial lures, the Congress and the constitutional ob justments. baits, and flies" are subject to an excise ligation to call a convention will be es One group of activists, the Geneva-based tax of 10 percent of the sales price. tablished. American Citizens Abroad, has listed 63 ways It is clear to me that in linking these Those States which have already peti in which they say the Government discrim terms together Congress intended to tioned the Congress are: Alabama, Ari inates against them. They range from taxes tax articles associated with fishing which zona, Arkansas, Colorado, Delaware, on "phantom" income arising from currency are artificial in substance. To my mind, Florida, Georgia, Idaho, Iowa, Indiana, fluctuations and loss of Social Security bene these would include flies made of :rr.etal, fits to the sometimes bizarre rules govern Kansas, Louisiana, Maryland, Missis ing the citizenship of children born abroad. string, and feathers; lures made of cloth sippi, Nebraska, New Hampshire, New The latest frustration for overseas Ameri and metal; and bait made of plastic or Mexico, Nevada, North Carolina, North cans is the Carter Administration's response rubber. Dakota, Oklahoma, Oregon, Pennsyl late last month to a Congressional demand In my State, California, there is a com vania, South Carolina, South Dakota, that it identify and evaluate all the statutes pany that manufactures a fishing bait Tennessee, Texas, Utah, Virginia, and and regulations that treat expatriates dif which is ingestible by fish and composed Wyoming. ferently and that it recommend action to primarily of natural substances. In Hi71, elimin... te 01screpanc1es. Today, I am introducing legislation to Critics say, however, that the Treasury re the company was verbally assured by the establish procedures for such a conven port fell far short of its mandate. The report Los Angeles office of the IRS that their tion and I urge my colleagues, especially found that while taxation of Americans product was not subject to the excise tax. those who are members of the Senate abroad could have adversely affected United Subsequently, two separate audits made and House Judiciary Committee, to act States exports, "it is not clear how prevalent no mention of the excise tax; yet in 1977, promptly to develop such procedures and this type of situation is or what its Impact the ms assessed retroactive taxes from to consider in a timely fashion an is." It added that the studies done so ra.r did 1969. amendment providing for a balanced not permit decisions about what changes, if This is a prime example ot bureau any, should be made. budget. The Treasury's report was characterized cratic response to unclear statutes. Al This legislation, with the exception of by Andy Sundberg of American Citizens though it is clear to me what Congress a few technical changes, is identical to Abroad as a "red herring that the White intended by modifying the word "bait" that which was introduced by my friend House has just dragged across the path that with the word "artificial," apparently the and distinguished former Senator from was supposed to lead toward an un111mbiguous IRS has a di1Ierent view. I feel, there North Carolina, the Honorable Sam J. statement of where overseas Americans are fore, that it is incumbent on the Congress Ervin, Jr. This bill was passed by the supposed to fit into the political, social, to clarify terms where there is an ambi Senate with slight modification by a vote economic and ideological life of the United guity. States." of 84 to 0 in 1971 and by voice vote in He said that what he called inconclusive The bill we are introducing today will 1973. findings on the relationship between income define "artificial bait" as a substance In 1971, the Senate Judiciary Com taxes and exports were "a silly answer to the containing less than 85 percent by mittee reported that it was the responsi wrong question." weight of plant and animal material bility of Congress "to enact legislation A task force of the President's Export which can be ingested by fish. This which makes article V meaningful" and Council, headed by Robert Dickey 3d of the will allow the various kinds of bait to not to make the constitutional conven Dravo Corporation, recommended that the sell on a competitive basis. Natural United States align its tax policy with that tion "a dead letter." of its competitors, none of which now taxes baits, such as worms and cheese, will In 1973, the American Bar Association its citizens who meet overseas residency continue to be free of the excise tax, resolved that it was "desirable" for Con tests. along with other natural, ingestible gress to establish procedures for such a This would restore to Americans abroad substances. Plastic or rubber baits will convention. The ABA report on the the status enjoyed by most of them until be classified as "artificial" and subject resolution concluded that-- 1962, when income of less than $20,000 was to the excise tax. Since the two are tax-exempt. By the mid-1970's, inflation, the so long as the convention method of pro mutually exclusive, they will enjoy clari posing amendments is part of our Con decline of the dollar and rising salaries and fied competitive markets, which I believe benefits put heavy financial pressure on stitution, it is proper to establish proce Americans overseas. was the intent of Congress.• dures for its implementation and improper Instead of liberalizing the exemptions, to place unnecessary and unintended ob Congress decided in 1976 to eliminate them By Mr. HELMS: stacles in the way of its use. altogether. At the same time, the Internal S. 600. A bill to provide procedures for This legislation provides an even Revenue Service decided that any goods or calling constitutional conventions for handed, nonpartisan, and fair resolution services workers received, even housing in proposing amendments to the Constitu of the problems inherent in calling a the Saudi Arabian desert, had to be declared tion of the United States, on application and taxed at full market value. convention under article V. It provides of the legislatures of two-thirds of the these procedures now, in the absence of "It's not just a matter of dollars and States, pursuant to article V of the Con cents," said Mr. McCarthy, the recruiter. "Tf a constitutional crisis in which a dis you don't have American people of some stitution; to the Committee on the Ju passionate resolution of the problems stature on the ground, you're just not going diciary. may not be possible. to get across the American !JOint of view. You FEDERAL CONSTITUTIONAL CONVENTION The procedures which this legislation can project power with aircraft carriers, .PROCEDURES ACT OF 1981 but you can also spread American influence establishes do not favor or assist any with businessmen."e • Mr. HELMS. Mr. President, article V particular call for a constitutional con of the Constitut:on provides that upon vention. Support of this proposal should the application of the legislatures of two not be viewed as support or opposition to By Mr. HAYAKAWA (for himself thirds of the S·tates, the Congress shall any presently proposed constitutional and Mr. CRANSTON) : call a convention to proposed amend amendment or convention call. S. 599. A bill to amend the Internal ments to the Constitution. FEDERAL CONSTITUTIONAL CONVENTION PROCE Revenue Code of 1954 to provide for a Presently the Congress is facing an im DURES ACT-OUTLINE definition of the term "artificial bait"; to pending crisis regard :ng an article V 1. States use the same procedure for the Committee on Finance. convention: 30 States have now peti adopting a resolution petitioning the Con DEFINITION OF "ARTIFICIAL BAIT" tioned the Congress to call a convention gress to call a constitutional convention as FOR TAXATION to propose an amendment to provide for they use for the passage of statutes, but e Mr. HAYAKAWA. Mr. President, I am a balanced budget and four more without the approval o! the Governor. pleased to be joined by my colleague States-West Virginia, Ohio, Missouri, 2. Receipt of a State's petition by Congress from California (Mr. CRANSTON) in in- and Washington-·have had one house of is to be announced on the Floor of both 3278 CONGRESSIONAL RECORD-SENATE February 27, 1981 Houses, and copies sent to each Member of another, petitioned the Congress to call a ever impossible, method of amendment. The Congress and t he several state legislatures. convention to propose a constitutional first alternative would be a flagrant dis 3. Each application is to remain in effect. amendment J:ermitting stat es to apportion avowal of the clear language and intended for 7 years, unless rescinded by the state their legislatures on the basis of some stand function of article V. I have assumed that legislature. • ard other than the Supreme Court's "one the Congress will wish to take the second 4. Applications may be rescinded by state man-one vote" requirement. The scant infor road, and the bill is drawn with that prin legislatures until two-thirds of the states mation and considerable misinformation and ciple in mind. have submitted applications, then all ap even outright ignorance displayed on the Open or limited convention? plications remain in effect. subject of constitutional amendment, both Perhaps the most important issue raised 5. After Congress determines t he validity wit hin the Congress and outside of it-and by the b111 is the question of the power of of the applications, it shall pass a concur particularly the dangerous precedents threat the Congress to limit the scope and author rent resolution calling for a convention. ened by acceptance of some of the consti ity of a convention convened under article V 6. The convention must be convened wit h tutional misconceptions put forth in accordance with the desires of the states in 1 year after adoption of the concurrent prompted me to introduce in the Senate a as set forth in their applications. This was, resolut ion by Congress. legislatijve proposal designed to implement as I have noted, one of the issues that most 7. Delegates to the convention shall be the convention amendment provision in ar troubled me when I first heard of the efforts popularly elected, one delegate from each ticle v .. . by the states to call a convention. congressional district and two additional at III. Questions raised by the bill It has been argued that the subject matter large delegates from each state. Before going to specific issues and matters of a convention convened under article V 8. Ea.ch delegate may cast one vote. Each cannot be limited, since a constitutional delegate's vote must be recorded and a ver of detail, it seems appropriate to discuss briefly two threshold problems posed by the convention is a premier assembly of the peo batim record kept. ple, exercising all the power that the people 9. Amendments shall be proposed by ma bill: whether the Congress has the power to enact such legislation, and, if it does, what themselves possess, and therefore supreme jority vote of the delegates. to all other governmental branches or agen 10. The convention shall be limited to sub policy considerations should guide it in ex ercising such power. cies. Certainly, according to this argument, jects named in the state applications and the states may not themselves, in their appli convention delegates shall subscribe to an I have no doubt that the Congress has the power to legislate about the process of cations, dictate limitations on the con•Jen• o::~.th to refrain from proposing or voting in tion's deliberations. They may not require favor of any proposed amendment not con amendment by convention. The Congress is made the agency for calling the convention, the Congress to submit to the convention cerning the proper subject. Congress may a given text of an amendment, nor even a disapprove a proposed amendment on the and it is hard to see why the Congress should have been involved in this alternative method single subject or idea. For the convention ground that it pertains to a subject differ must be free to "propose" amendments, ent from that described in the resolution of pro;>Osal at all unless it was expected to determine such questions as when sufficient which suggests the freedom to canvass mat calUng the convention. ters afresh and to weigh all possibilities and 11. The convention shall be terminated appropriate applications had been received and to provide for the membership and pro alternatives rather than ratify a single text 1 year after the d::~.te of its first meeting un or idea. The states may in their applications less Congress extends its life. cedures of the convention and for review and ratification of its pro.: osals. Obviously the specify the n.nendment or amendments they 12. The proposed amendment must would hop e the convention would propose. be ratified by three-fourths of the states. fifty state legislatures cannot themselves legislate on this subject. The constitutional But once the Congress calls the convention, Mr. President, perhaps the best analy con;vention cannot do so for it must first be those specifications would not control its sis of the problems involved in proposing brought into being. All that is left, there deliberations. The convention could not be amendments through a constitutional fore, is the Congress, which, in respect to restricted to the consideration of certain this and other issues not specifically set topics and forbidden to consider certain convention was written by former Sen tled by the Constitution, has the residual other topics, nor could it be forbidden to ator Ervin for the March 1968 issue of power to legislate on matters that require wr!Jte a new constitution if it should choose the Michigan Law Review. That article, unif.:>rm settlement. Add to this the weight to do so. entitled "The Convention Method of of such decisions as Coleman v. Miller,9 to I will concede that such an interpretation Amending the Constitution," was re the effect that questions arising in the can be wrenched from article V-but only printed in the spring 1977 issue of the amending process are nonjusticiable politi through a mechanical and literal reading of Human Life Review. cal questions exclusively in the congressional the words of the article, totally removed Mr. President, I ask unanimous con domain, and the conclusion seems inescapa from the context of their promulgation and ble that the Congress has plenary power history. My reading of the debates on article sent that the following excerpts from to legislate on the subject by amendment V at the Philadelphia Convention and the former Senator Ervin's article be printed by convention and to settle every point not other historical materials bearing on the in at this point in the RECORD, to be followed actually settled by article V of the Consti tended function of the amendment process u by the text of the "Federal Constitu tution itself. leads me to the opposite conclusion. As I tional Convention Procedures Act." With respect to the second problem, within understand the debates, the Founders were There being no objection, the article what general policy limitations that power concerned, first, that they not place the new and the bill were ordered to be printed should be exercised, I think the Congress go'lernment in the same straitjacket that in the REcORD, as follows: should be extremely careful to close as few inhibited the Confederation, unable to doors as possible. Any legislation on this sub change fundameneta.l law without the con THE CONVENTION METHOD OF AMENDING THE sent of every state. The amendment process, CONSTITUTION ject will be what might be called "quasi organic" legislation; in England it would be rather a novelty for the time, was therefore (By Sam J. Ervin, Jr.) recognized as a constitutional statute. When included in the Constitution itself. Second, Article V of the Constitution of the United dealing with such a measure, it is wise to the final form of article V was dictated by a States 1 provides that constitutional amend bear in mind Marshall's well-worn aphorism major compromise between those delegates ments may be proposed in either of two that it is a Constitution we are expounding who would utilize the state legislatures as ways--by two-thirds of both houses of the and not get involved in "an unwise attempt the sole means of initiating amendments Congress or by a convention called by the to provide, by immutable rules, for exigen and those who would lodge that power ex Congress in rest:onse to the auplications of cies which, if foreseen at all, must [be) seen clusively in the national legislature. The two-thirds of the state legislatures. Although dimly, and which can best be provided for forces at the convention that sought to limit the framers of the Constitution evidently as they occur." 10 This approach is reflected the power of originating amendments to the contemplated that the two methods of initi at several points in the bill, notably in its states were at first dominant. The original ating amendments would operate as parallel failure to try to anticipate and enumerate Virginia Plan, first approved by the conven procedures, neither surerior to the other this the various grounds qn which Congress might tion, excluded the national legislature from has not been the cace historically. Each of justifiably rule a state petition invalid, and participation in the amendment process. On t he twenty-five ocnstitutional amendments its failure to prescribe rigid rules of proce reconsideration, the forces that would limit ratified to date was proposed by the Congress dure for the convention. In addition, I think the power of origination of amendments to under the first alternative. As a result, al the Congress, in exercising its power under the national legislature became prevalent. though the mechanics and limitations of article V, should bear in mind that the The arguments on both sides were persuasive: congressional power under the first alterna Framers meant the convention method of the im?roprieties or excess of power in the tive are generally understood, very little amendment to be an attainable means of national government would· not likely be cor exists in the way of precedent or learning constitutional change. This legislation can rected except by state initiative, while im relating to the unused alternative method be drawn so as to place as many hurdles as proprieties by the state governments or de in article V. This became distressingly clear possible in the way of effective use of the ficiencies in national power would not likely recently, following the disclosure that thirty process; or it can be drawn in a manner that two state legislatures had, in one form or will make such a. process a possible, how- Footnotes at end of article. February 27, 1981 CONGRESSIONAL RECORD-SENATE 3279

be corrected except by national initiative. In is being called. The convention may not pro One further Important point should be the spirit that typified the 1787 Convention, pose amendments on other subjects and, if it mentioned. Most of the states obviously do the result was acceptance of a Madison com does, the Congress may refuse to submit not now understand their role in designating promise proposal which read, as the final them to the states for ra.tification... subjects or problems !or resolution by amend article was to read, in terms of alternative May Congress refuse to call a convention? ment, and many of them do not even know methods. Perhaps tha next most important question where to send their applications. By setting It is clear that neither of the two methods raised by the bill is whether the Congress forth the formal requirements with respect to of amendment was expected by the Framers has any discretion to refuse to call a conven content of state applications and designating to be superior to the other or easier of ac tion in the face of appropriate applications the congressional officers to whom they must complishment. There is certainly no indica from a sufficient number of states. be transmitted, the bill furnishes guidance tion that the national legislature was in to the states on these questions and promises tended to promote individual amendments Article V states that Congress "shall" call to avert In the future some of the problems while the state legislatures were to be con a convention upon the applications of the that have arisen In the current effort to con cerned with more extensive revisions. On the legislatures of two-thirds of the states. I vene a convention. The bill also requires that contrary, there is strong evidence that what have absolutely no doubt that the article is all applications received by the Congress be the members of the convention were con peremptory and that the duty is mandatory, printed in the Congressional Record and that cerned with in both cases was the power to leaving no discretion to the Congress to re copies be sent to all members of Congress make specific amendments. They did not ap view the wisdom of the state applications. and to the legislature of each o! the other pear to anticipate a need for a general revi Certainly this is the more desirable con states. In this way, the element of congres sion of the Constitution. And certainly thls struction, consonant with the intended ar sional surprise can be elimlnated, and each was understandable, in light of the difficul rangement of article V as described in the state can be given prompt and full oppor ties that they had in finding the compromises preceding section of this article. The found tunity to join in any call for a convention to satisfy the divergent interests needed for ers included the convention alternative in in which It concurs. the amending article to enable the states to ratification of their efforts. Provision in arti The role of State Governors cle V for two exceptions to the amendment initiate constitutional reform in the event power underlines the notion that the con the national legislature refused to do so. To The argument has been made that a state vention anticipated specific amendment or conct'de to the Congress any discretion to application for a constitutional convention amendments rather than general revision. consider the wisdom and necessity of a par must be approved by both the legislature and For it is doubtful that these exceptions could ticular convention call would in effect de the governor of the state to be effective. This have been expected to control a later general stroy the role of the states. argument rests on the claim that article V revision. The comments of both Madison and Ham· intended state participation in the process to involve the whole legislative process of the This construction is supported by refer ilton, subsequent to the 1787 Convention, sustain this construction. In a letter on the state as defined in the state constitution. ences to the amendment process in the Fed I do not agree with that argument. We do eralist Papers. In Federalist No. 43, James subject, Macilson observed that the question concerning the calllng of a convention "will not have here any question about the exer Madison explained the need and function of cise o! the lawmaking process by a state legis article V as follows: not belong to the Federal Legislature. If two thirds of the states apply for one, Congress lature in combination with whatever execu "That useful alterations will be suggested cannot refuse to call it: if not, the other tive participation might be called for by state It by experience, could not but be foreseen. mode of amendments must be pursued." u law. We have rather a question o! heeding wa.s requisite therefore that a mode for Hamilton, in the Federalist No. 85, stated: the voice of the people of a state in expressing introducing them should be provided. The "By the fifth article of the plan the con the possible need for a change in the funda mode preferred by the Convention seems to gress will be obliged, 'on the applica.tion or mental document.... be stamped with every mark of property. It the legislatures of two-thirds of the states, Closely analogous court decisions support guards equally against that extreme facillty (which at present amounts to nine) to call this interpretation. The Supreme Court in which would render the Constitution too a convention for proposing amendments, Hawk v. Smith, No.1 u interpreted the term mutable; and that extreme difficulty which which shall be valid to all intents and pur "legislatures" in the ratification clause of might perpetuate its discovered faults. It poses, as part of the constitution, when rati article V to mean the representative lawmak moreover equally enables the general and the fied by the legislatures of three-fourths of tbe ing bodies b! the states, since ratification of state governments to originate the amend states, or by conventions in three-fourths a constitutional amendment "is not an act ment of errors as as they may be pointed out thereof.' The words of this article are per of legislation within the proper sense of the by the experience on one side or on the emptory. The congress 'shall call a conven word.'' 15 Certainly the term "legislature" other... " tion.' Nothing in this particular is left to should have the same meaning in both the Apart from being inconsistent with the the discretion ..." application clause and the ratification clause language and history of article v, the con Sufficiency of State appn.cuHvrus o! article V. Further support Is found In the tention that any constitutional convention decision in Hollingsworth v. Virginia,1o in must be a wide open one is neither a prac Assuming the Congress may not weigh the which the Court held that a constitutional ticable nor a desirable one. If the subject wisdom and necessity of state applications amendment approved for proposals to the matter of amendments were to be left en requesting thf' calling of a constitutional states by a two-thirds vote of Congress need tirely to the convention, it would be hard convention, does it have the power to judge not be submitted to the President for his to expect the states to call for a convention the validity of state applications and state sifln'l.tnre or 11eto. in the absence of a general discontent with legislative procedures adopting such appll· The bffi therefore provides specifically the existing constitutional system. This con cations? Clearly the Congress has some such that a state appli.catlon need not be ap struction would effectively destroy the power power. The fact alone that Congress Is made proved by the state's governor in order to of the states to originate the amendment of the agency for convening the convention be effective. upon the receipt of the requisite number of errors pointed out by experience, as Madison May a State rescind its applications? expected them to do. Alternatively, under state applications suggests that It must e-xer that construction, applications for a limited cise some power to judge the validity of The question of whether a state should convention deriving in some states from a those applications. The Impotence or with be allowed to rescind 8IU application previ dissatisfaction with the school desegregation drawal of the courts underlines the necessity ously forwwrded to the Congress is another cases, in others because of the school prayer for lodging some such power in the Congress. o! the polltica.l questions to which the cases, and in still others by reaon of objec The relevant question, then, concerns the courts have not suoplled answers and pre tion to the Miranda rule, could an be com extent of that power. sumably cannot. The Supreme Court has bined to make up the requisite two-thirds of It has been contended that Congress must held that questions concerning the rescission the states needed to meet the requiremeillts have broad powers to judge the validity o! of prlc1r ratifications or rejections o! amend of article V. I find it hard to believe that this state applications and that such power must ments pro'X>6ed by the Congress are det« is the type of consensus that was thought to include the authority to look beyond the con mined solely by Congress.n Presumably, be appropriate to call1ng for a convention... tent of an application, and its formal com then, the question o! rescission o! an appli cation for a convention is also political and The bill provides that state petitions to pliance with article V, to the legislative pro cedures followed In adopting the application. non1ustioiable. AlthO'Ugh the Congress has the Congress which request the calling of a previously taken the position that a st&te convention under article V shall state the The counterargument Is that to grant Con gress the power to reject applications, par may not rescind Its prior ratification of an nature o! the amendment or amendments to amendment, it has taken no position con be proposed by suoh convention. Upon receipt ticularly if that power is not carefully cir cumscribed, would be to supply it with a cerning rescission of applications. My strong of valid applications from two-thirds or more oonvictlcn is that re<-C'lss·lon should be per of the states requesting a convention on the means o! avoiding altogether the obligation same subject or subjects, the Congress is re to call a convention. The result would be mitted. Since a two-thirds consensus among quired to call a convention by concurrent that the Congress could arbitrarily reject all the states at some point In time ls necessary resolution, specifying in the resolution the applications on subjects It did not consider in order !or the Congress to call a conven nature of the amendment or amendments for appropriate for amendment, leaving us in tion, the Congress should COIIlSider whether the consideration of which the convellltion effect with only one amendment process.... there ha.s been a change of mind among 3280 CONGRESSIONAL RECORD-SENATE February 27, 1981 rome states that have earlier applied. More of the convention will be in accordance with plague us. The legislation therefore is still over, a.n application is not a final action, rules adopted by the convention. A daily rec timely, and the Congress may now have the since it serves merely to initiate a conven ord of all convention proceedings, including opportunity to deal with the sensitive con tion, and does not commit even the appli the votes of delegates, shall be kept, and shall stitutional issues objectively, uninfiuenced cant state to any substantive amendment be transmitted to the Archivist of the by competing views on state apportionment that might eventually be proposed. United States within thirty days after the or any other substantive issue. The bill therefore provides that a state convention terminates. The convention must Some have argued that the convention may rescind at any time before its applica terminate its proceedings within one year of method of amendment is an anomaly in tion is included among an accumulation of its opening unless the period is extended by the law, out of step with modern notions applications from two-thirdB of the states, the Congress by concurrent resolution. of majority rule and the relationship be at which time the obligation of the Con Finally, the bill provides that amendments tween the states and the federal government. gress to call a convention becomes fixed. may be proposed by the convention by a. vote If so, that part of article V should be I,ncidentally, the b111 also provJ.des that a of a majority of the total number of dele stricken from the Constitution by the ap state may rescind its prior iratification of gates to the convention. The alternative propriate amendment process. It should not, amendment proposed by the convention up would be to impose a. two-thirds voting re however, be undermined by erecting every until the time there are existing valid rati quirement analogous to the requirement for possible barrier in the way of its effective fications by three-fourths Qf the states, a.nd congressional proposal of amendments. How use. Such a course would be a. disavowal of that a state may change its mind and ratify ever, article V does not call for this, and I the clear language and history of article a proposed amendment that it previously think that such a. requirement would place v. The Constitution made the amendment has rejected.... an undue and unnecessary obstacle in the process difficult, and properly so. It cer The Congress and the courts have agreed way of effective utilization of the convention tainly was not the intention of the original that constitutional amendments proposed by amendment process. Convention to make it impossible. Nor is it the Congress and submitted to the states for Ratification of proposed amendments possible to conclude that the Founders in ratification can properly remain valid for rat The bill provides that any amendment tended that amendments originating in the ification for a period of seven years. It has proposed by the convention must be trans states should have so much harder a time been felt that there should be a "reasonably mitted to the Congress within the thirty of it than those proposed by Congress. As contemporaneous" expression by three days after the convention terminates its I have pointed out, that issue was fought fourths of the states that an amendment is proceedings. The Congress must then trans out in 1787 Convention and resolved in acceptable in order for the Congress to con mit the proposed amendment to the Admin favor of two originating sources, both diffi clude that a consensus in favor of the amend istrator of General Services for submission to cult of achievement, but neither impossi ment exists among the people, and that rati the states. However, the Congress may, by ble and neither more difficult than the other. fication within a seven-year period satis concurrent resolution, refuse to approve an My b111 seeks to preserve the symmetry of fies this requirement.18 Presumably, the same amendment for submission to the states for article V by implementing the convention principle should govern the application stage ra.ti:fica.tion, on the grounds of procedural alternative so as to make it a practicable of the constitutional amendment process ... irregularities in the convention or failure of but not easy method of constitutional Calling the convention the amendment to conform to the limita amendment. The bill provides that the Secretary of the tions on subject matter imposed by the Con .FOOTNOTES Senate and the Clerk of the House of Repre gress in the concurrent resolution calllng the 1 The Congress, whenever two thirds of sentatives shall keep a record of the number convention. The intent is to provide a means both Houses shall deem it necessary, shall of state applications received, according to of remedying a refusal by the convention to propose Amendments to this Constitution, subject matter. Whenever two-thirds of the abide by the limitations on its authority to or. on the Application of the Legislatures of states have submitted applications on the amend the Constitution. Of course, unlim two thirds ot the several States, shall call a subject or subjects, the presiding officer of ited power in the Congress to refuse to sub Convention for proposing Amendments, each house shall be notified and shall an mit proposed amendments for rati:fication which, in either Case, shall be valid to all nounce the same on the fioor. Each house is would destroy the independence of the sec Intents and Purposes, as part of this Consti left free to adopt its own rules !or determin ond alternative amending process. Therefore, tution, when ratified by the Legislatures of ing the validity of the applicants, presum the Congress is explicitly forbidden to refuse three fourths of the several States, or by ably by reference to a committee followed by to submit a. proposed amendment for rati Conventions in three fourths thereof, as the fioor action. Once a determination has been fication because of doubts about the merits one or the other Mode of Ratification may be made that there are valid applications from of its substantive provisions. The power is proposed by the Congress; Provided that no two-thirds or more of the state legislatures reserve:i for use only with respect to amend Amendment which may be made prior to the on the same subject or subjects, each house ments outside the scope of the convention's Year One thousand eight hundred and eight authority or in the case of serious procedural shall in any Manner affect the first and must agree to a concurrent resolution pro irregula.rities. viding for the convening of a constitutional fourth Clauses in the Ninth Section of the Rati:fication by the states must be by state first Article; and that no State, without its convention on such subject or subjects. The legislative action or convention, as the Con concurrent resolution would designate the Consent, shall be deprived of its equal Suf gress may direct, and within the time period frage in the Senate, U.S. Const. Art. V. place and time of meeting of the convention, speci:fied by the Congress. The Congress re set forth the nature of the amendment or tains the power to review the validity of rati amendments the convention is empowered to fication procedures. As noted earlier, any 0 307 u.s. 433 (1939). consider and propose, and provide for such state may rescind its prior rati:fication of an 10 McCulloch v. Maryland, 17 U.S. (4 other things as the provi$ion of funds to pay amendment by the same processes by which Wheat.) 316,407, 415 (1819). the expenses of the convention and to com it rati:fied it, except that no state may re 11 E.g., LEGISLATIVE REFERENCE SERV., LI pensate the delegates. The convention would scind after that amendment has been validly BRARY OF CONGRESS, THE CONSTITUTION OF be required to be convened not later than ratified by three-fourths of the states. When THE UNITED STATES OF AMERICA; ANALYSIS AND one year after adoption of the resolution. three-fourths of the states have rati:fied a. INTERPRETATION, S. Doc. No. 39, 88th Cong., . . . the bill has been amended to require proposed amendment, the Administrator of lst Sess. 135-36 (1964); THE FEDERALIST Nos. that delegates be elected-not appointed General Services shall issue a proclamation 43 & 85 (J. Cooke ed. 1961); L. 0RFIELD, and that they be elected by the same con that the amendment is a. part of the Consti AMENDING THE FEDERAL CONSTITUTION ( 1942); stituency that elects the states' representa tution, effective from the date of the last THE RECORDS OF THE FEDERAL CONVENTION OF tives in Congress. Under the amended bill, necessary ratification. 1787 (M. Farrand ed. 1937) . The relevant ex cerpts from these and other sources are each state will be entitled to as many dele IV. CONCLUSION gates as it is entitled to Senators and Rep printed as an a.ppendix to the Hearings on resentatives in Congress. Two delegates in There is some evidence that the current the Federal Constitutional Convention Be each state will be elected at large and one effort to require the Congress to call a con fore the Subcomm. on Separation of Powers delegate will be elected from each congres vention to propose a. reapportionment of the Senate Comm. on the Judiciary, sional district in the manner provided by amendment has failed and that the danger United States Senate, Oct. 30 and 31, 1967. state law. Vacancies in a state's delegation of a constitutional crisis has passed. The two will be filled by appointment of the gover additional applications needed to bring the 13 U.S. BUREAU OF RoLLS AND LIBRARY, DOCU nor. total to thirty-four have not been received MENTARY HISTORY OF THE CONSTITUTION OF Convention procedure and voting and there is a. strong likelihood that some THE UNITED STATES OF AMERICA V, 141, 143, The bill provides that the Vice President of applicant states will rescind their applica quoting Madison's letter to Mr. Eve, dated the United States shall convene the consti tions. Even if this is the case, however, the Jan. 2, 1789. tutional convention, administer the oath of need for legislation to implement article V u 253 u.s. 221 (1920). office of the delegates and preside until a. pre remains. There may well be other attempts J.O]d. at 229. siding officer is elected. The presiding officer to utilize the convention amendment proc 10 3 u.s. (3 Da.ll.) 378 (1798). will then preside over the election of other ess and, in the absence of legislation, the officers and thereafter. Further proceedings same unanswered questions will return to 18 Dillon v. Gloss, 256 u.s. 368 (1921). February 27, 1981 CONGRESSIONAL RECORD-SENATE 3281

s. 600 e1fect until the Congress has taken action on ance at a. session of the convention and in Be it enacted by the Senate and Hous_e of a. concurrent resolution, pursuant to section 6 going to and returning from the same; and Representatives of the United States of this Act, ca111ng for a constitutional con for any speech or debate in the convention of America in Congress assembled, That this vention. they shall not be questioned in any other Act may be cited as the "Federal Constitu (b) A State may rescind its application place. tional Convention Procedures Act". calling for a constitutional conve11.tion by (d) Each delegate shall receive compensa adopting and transmitting to the Congress tion for each day of service and shall be com APPLICATIONS FOR CONSTITUTIONAL a. resolution of rescission in conformity with CONVENTION pensated for traveling and related expenses. the procedure specified in sections 3 and 4 Provision shall be made therefor in the con SEC. 2. The legislature of a. State, in mak of this Act, except that no such rescission current resolution calling the convention. ing application to the Congress for a con shall be e1fective as to any valid application The convention shall fix the compensation of stitutional convention under article V of made for a constitutional convention upon employees of the convention. the Constitution of the United States, shall any subject after the date on which two adopt a. resolution pursuant to this Act thirds or more of the State legislatures have CONVENING THE CONVENTION stating, in substance, that the legislature valid applications pending before the Con SEc. 8. (a) The Vice President of the requests the cal11ng of a. convention for the gress seeking amendments on the same United States shall convene the constitu purpose of proposing one or more amend su·bject. tional convention. He shall administer the ments to the Constitution of the United (c) Questions concerning the rescission of oath of office of the delegates to the conven States and stating the nature of the a State's application shall be determined tion and shall preside until the delegates amendment or amendments to be prop'Js3d. solely by the Congress of the United States elect a. presiding officer who shall preside APPLICATION PROCEDURE and its decisions shall be binding on all thereafter. Before taking his seat each dele others, including State and Federal courts. gate shall subscribe to an oath by which he SEc. 3. (a) For the purpose of adopting or shall be committed during the conduct of the rescinding a. resolution pursuant to section CALLING OF A CONSIITUTIONAL CONVENTION convention to refrain from proposing or cast 2 or section 5 of this Act, the State legisla SEc. 6. (a.) It shall be the duty of the Sec ing his vote in favor of any proposed amend ture shall follow the rules of procedure that retary Of the Senate and the Clerk of the ment to the Constitution of the United States govern the enactment of a statute by that House of Representatives to maintain a rec relating to any subject which is not named legislature, but without the need for ap ord of all applications received by the Presi or described in the concurrent resolution of proval of the legislature's action by the Gov dent of the Senate and Speaker of the House the Congress by which the convention was ernor of the State. of Representatives from States for the calling called. Upon the election of permanent offi (b) Questions concerning the adoption of of a. constitution.al convention upon ea.ch cers of the convention, the names of such a State resolution cognizable under this Act subject. Whenever applications made by two officers shall be transmitted to the President shall be determinable by the Congress of the thirds or more of the States with respect to of the Senate and the Speaker of the House United States and its decisions thereon shall the same subject have been received, the of Representatives by the elected presiding be binding on all others, including State Secretary and Clerk shall so report in writing and Federal courts. officer of the convention. Further proceedings to the officer to whom those applications of the convention shall be conducted in ac TRANSMITTAL OF APPLICATIONS were transmitted, and such officer thereupon cordance with such rules, not inconsistent SEc. 4. (a.) Within thirty days after the shall announce on the floor of the House of with this Act, as the convention may adopt. adoption by the legislature of a. State of a. which he is an officer the substance of such (b) There are hereby authorized to be ap resolution to apply for the ca111ng of a. report. It shall be the duty of such House to propriated such sums as may be necessary constitutional convention, the secretary of determine that there are in e1fect valid ap by the payment of the expenses of the con state of the State, or, if there be no such plications made by two-thirds of the State vention. officer, the person who is charged by the with respect to the same subject. If either (c) The Administrator of the General Serv State law with such function, shall transmit House of the Congress determines, upon a ices shall provide such facllities, and the to the Congress of the United States two consideration of any such report or of a con Congress and each executive department, copies of the application, one addressed to current resolution agreed to by the other agency, or authority of the United States, in the President of the Senate and one to the House of the Congress, that there are in cluding the legislative branch and the ju Speaker of the House of Representatives. e1fect valid applications made by two-thirds dicial branch, except that no declaratory (b) Each copy of the application so made or more of the States for the calling of a. judgment may be required, shall provide by any State shall conta.in- constitutional convention upon the same such information and assistance as the con (1) the title of the resolution; subject, it shall be the duty of that House vention may reauire, upon written request (2) the exact text of the resolution signed to agree to a concurrent resolution calling made bv the elected presiding officer of the by the presiding officer of each house Of the for the convening of a Federal constitutional convention. State legislature; and convention upon that subject. Each such concurrent resolution shall ( 1) designate the PROCEDURES OJ' THE CONVENTION (3) the date on which the legislature place and time of meeting of the convention, SEc. 9. (a) In voting on any question before adopted the resolution; and shall be accom and (2) set for the nature of the amendment the convention, including the proposal of panied by a certificate of the secretary of or amendments for the consideration of amendments, each delegate shall have one state of the State, or such other person as is which the convention is called. A copy Of vote. charged by the State law with such function, each such concurrent resolution agreed to by (b) The convention shall keep a. daily certifying that the application accurately sets verbatim record of its proceedings and pub forth the text of the resolution. both Houses of the Congress shall be trans mitted forthwith to the Governor and to the lish the same. The vote of the delegates on (c) Within ten days after receipt of a. copy presiding officer of each house of the legisla any question shall be entered on the record. of any such application, the President of the ture of each State. (c) The convention shall terminate its Senate and Speaker of the House of Repre (b) The convention shall be convened not proceedings within one year after the date of sentatives shall report to the House of which later than one year after adoption of the its first meeting unless the period is extended he is presiding officer, identifying the State resolution. by the Congress by concurrent resolution. making application, the subject of the appli DELEGATES (d) Within thirty days after the termina cation, and the number of States then hav SEc. 7. (a.) A convention called under this tion of the proceedings of the convention, ing made application on such subject. The the presidin~ officer shall transmit to the President of the Senate and Speaker of the Act shall be composed of as many delegates from each State ·as it is entitled to Senators Archivist of the United States all records of House of Representatives shall jointly cause official proceedings of the convention. copies of such application to be sent to the and Representatives in Congress. In each presiding officer of eaCih house of the legis State two delegates shall be elected at large PROPOSAL OF AMENDMENTS lature of every other State and to each Mem and one delega..te shall be elected from each SEc. 10. (a) Except as provided in sub ber of the Senate and House of Representa congressional district in the manner pro section (b) of this section, a. convention tives of the Congress of the United States. vided by law. Any vacancy occurring in a. called under this Act may propose amend State delegation shall be filled by appoint ments to the constitution by a. vote of a EFFECTIVE PERIOD OF APPLICATION ment of the Governor of that State. majority of the total number of delegates SEc. 5 {a) An application submitted to the (b) The secretary of s~te of each State, to the convention. Congress by a. State, unless sooner rescinded or, if there be no such om.cer, the person {b) No convention called under this Act by the State legislature, shall remain e1fec charged by State law to perform such func may propose any amendment or amendments tive for seven calendar years after the date tion shall certify to the Vice President of of a. nature di1ferent from that stated in the it is received by the Congress, except that the United States the name of each deleg&te concurrent resolution calling the conven whenever within a period Of seven calendar elected or appointed by the Governor pur tion. Questions arising under this subsection years two-thirds or more of the several States suant to this section. shall be determined solely by the Congress have each submitted an application calling (c) Delegates shall in all cases, except of the United States and its decisions shall for a. constitutional convention on the same treason, felony, and breach of the peace, be be binding on all others, including State and subject all such applications shall remain in privileged from arrest during their attend- Federal courts. 3282 CONGRESSIONAL RECORD-SENATE February 27, 1981

APPROVAL BY THE CONGRESS AND TRANSMI'l"rAL posed amendment to the Constitution shall SENATE JOINT RESOLUTION 40 TO THE STATES FOR RATIFICATION become vwlld when ratified by the legisla tures of th-ree-fourths of the several States At the request of Mr. RIEGLE, the Sen SEc. 11. (a) The presiding omcer of the ator from Connecticut was added as a cosponsor of first period of ninety days of continuous ratification of a proposed amendment by Senate Concurrent Resolution 10, a con session of the Congress following the date of the same processes by which it ra.tified the current resolution expressing the sense receipt of such amendment unless within propo.sed wmendment, except that no State of the Congress concerning the continu that period both Houses of the Congress may rescind when there are existing valid ing permanent conversion of productive have agreed to (A) a concurrent resolution raMfications of such amendment by three directing the earlier transmission of such fourths of the Sta.tes. agricultural lands to nonagricultural amendment to the Administrator of General (b) Any state may ratify a proposed uses. Services and specifying in accordance with amendmen.t even though it previously may article V of the Constitution the manner in have rejected the same proposal. which such amendment shall be ratified, or NOTICES OF HEARINGS (c) Questions co.:1cerning State ll"a.tifica (B) a concurrent resolution stating that the COMMI'ITEE ON LABOR AND HUMAN RESOURCES tion or rejection of amendments proposed Congress disapproves the submission of such Mr. HATCH. Mr. President, I wish to proposed amendment to the states because to the Constitution of the Uni•ted States, such proposed amendment relates to or in shall be determined solely by the Congress announce that the Committee on Labor cludes a subject which differs from or was of ·the United States, and its decisions shall and Human Resources has scheduled a not included among the subjects named or be binding on a.ll olihers, including Stwte hearing on Wednesday, March 4, at 9:30 described in the concurrent resolution of and Federal courts. a.m. in room 4232, Dirksen Senate omce the Congress by which the convention was PROCLAMATION OF CONSTITUTIONAL AMEND Building, on home health care

As !or the prize appeals, the problem of In lieu af a tax power, the Continental REMARKS OF THE REVEREND THEODORE M. interstate judicial review was recognized by Congress could anticipate a significant asset, HEsBUBGH, PREss CONFERENCE, FEBRUARY 27, George Washington as early as November, convertible into bounties for Revolutionary 19d1 1775, nearly eight months before independ veterans, in the form of the land cessions. I would like to read a short statement to ence and on his recommendation Congress The national interest Silso podnted to a pro give you a little historical background as to later that year set up a special committee to gressive expansion of new Sltates to be created why we are here today. formulate a procedure to deal with the mat from these lands and added to the Union. The Immigration and Nationality Act-the ter. When 12 of the states had created their And it is worth noting that the one major second longest piece of U.S. legislation-has own admiralty courts (New York, with its legislative accomplishment of the Confeder grown like Topsy. It has never received a only seaport occupied by the British through ation was the enactment, in its declining comprehensive systematic examination by a out the war, never had occasion to do so) , months, of the famous Northwest Ordinance joint Congressional-Presidential Commis a standing committee of Congress was estab of 1787, which offered a kind of constitutional sion, and that examination has long been lished to hear appeals from them. The volume bridge between the ineffective Articles of overdue. But the facts which precipitated of business was such that in May, 1780, the Confederation and the Constitution that the the creation of this Commission go beyond first statute creating a national court was Philadelphia Convention a;t that same time the details of the inadequacy of that legis passed by Congress, setting up the special was bringing to final form. The ordinance lation. Court of Appeals in Cases of Capture. This was to be incorporated into the statutes of In addition to concern about the need to court, with the first "federal" judges (Wil the First Federal Congress and would serve overhaul, simplify and clarify the law, the liam Paca of Maryland, Cyrus Griffin of Vir as the model for territorial organization Commission was created by Congress for a ginia, George Read of Delaware, and John throughout most af the national history. number of reasons: Lowell of Massachusetts), heard 118 appeals When Virginia finally gave in to Mary A large number of undocumented/iilegal !rom the various states, affirming 39 andre land's insistence, early in 1781, the last ob migrants live in the United States and con versing 45. The records for the remainder are stacle to ratification of the Arrticles of Con tinue to come here; too fragmentary for one to determine their federation was removed. By February the Legal immigration had grown substan disposition. (For a definitive study, see Henry unanimous adoption of the new frame of tially since 1965; J. Bourgignon's The First Federal Court, government was certified, and one month The number of refugees in the world has published by the American Philosophical later the new government formally came into grown tremendously in the last ten years; Society in 1977.) being. There were no stirring speeches, or and Ratification of the Articles of Confedera anything to mark the event at the time. The There is great dissatisfaction with the way tion began fairly expeditiously, and by July 9, Congress continued as it had before, al our law was working and how it was ad 1778, enough states had favorably instructed though the community celebration outside ministered; their delegates in Congress to encourage that the legislative halls made up for the prosaic And some Americans, as has been true in body to draft a form of ratification and open cours~ of husiness within. John Paul Jones's the past, have begun to doubt their own it to signature. Eight states thereupon affixed warship, the Ariel, fired off salutes in the ideals and their own interests in accepting their names-Connecticut, Massachusetts, harbor, and these were answered by fire immigrants. New Hampshire, New York, Pennsylvania, works from the city. The evening was filled When such doubts surfaced almost 75 Rhode Island, South Carolina, and Virginia. with receptions, dinners, and "collations" in years ago, another Select Commission on By February, 1779, four more had signified celebration. overall immigration policy-the only other their approval: Delaware, Georgia, New Jer It had taken three years of effort to .achieve one in history-was created. Four years later, sey, and North Carolina. But one state, Mary the adoption of the Artioles of Confederation. it gave its answer in terms of fear and even land, was holding out, and without unani They would last for eight more.e despair. Its major finding, which even con mous approval, the articles could not go into tradicted some of the material submitted in effect. 42 volumes of reports and research, was that Maryland's opposition went to the most REPORT OF THE SELECT COMMIS immigration from Southern and Eastern fundamental of the issues hampering the SION ON IMMIGRATION AND REF European countries should be curtailed birth of the nation-the Western lands. UGEE POLICY sharply beoause Italians. Greek, Poles, Slavs Early colonial charters had been vague as and Jews could not be assimilated as Ameri to geography; several of them made grants, • Mr. KENNEDY. Mr. President, the cans. between specified lines of latitude, from the Select Comm1ssion on Immigration and The report led to sharp cutbacks in immi "western shores of the Atlantic" to the Refugee Policy, which Congress estab gration from Eastern and Southern Europe "South Seas." Eventually the Mississippi lished in 1978, today formally submitted and to a bar on Asian immigration alto River became tacitly acce?ted as the major its final report and recommendations to gether. The cost in human terms was stag body of water marking the western bound gering since some persons who otherwise aries for the colonies of Georgia, North Caro the President and Congress. would have immigrated or come as refugees lina, and Virginia. Massachusetts and Con Under the dedicated chairmanship of met their fate in the Holocaust. Their loss to necticut had claims to smaller strips to the Father Theodore Hesburgh, the Select the United States in talent and manpower west, but both saw these .claims gradually Commission has struggled with some of was enormous. extinguished until Connecticut retained only the most difficult issues confronting our Since the passage of restrictionist legisla a "Western Reserve" on the shores of Lake Nation. I have been privileged to serve tion, the Immigrat.ion and Nationality Act Erie for the resettlement of the victims of on the Commtss;on and to work with my has received major attention only twice. the "firelands"-coastal regions ravaged by First, in the passage of the McCarran-Walter British naval bombardment. New York and· colleagues in reviewing our immigration Act of 1952, which continued the restriction Pennsylvania had such vast territories that policy in light of America's national in ist policy t!.nd the discriminatory national they made little effort to add to them until terests, but with full regard for our im origins quota system intended to discrimi others, principally the Ohio Company of Vir migrant heritage and humanitarian nate against certain kinds of persons as not ginia, preempted the area that became the traditions. suitable for immigration into the United "old Northwest." Rhode Island and Delaware, I believe we have, by and large, suc States. Then, in 1965, the national origins for various historical reasons, had no basis ceeded in this difficult task, and I com quota was abolished, partly under the lea.der for claiming territories beyond the seaboard. shio of two of our present Commissioners, New Jersey and South Carolina were geo mend the leadership of Father Hesburgh Representative Peter W. Rodino and Senator graphically hemmed in, so their demands and the hard work of the Commission Edward M. Kennedy. Several new features that Western lands be ceded to the new na staff. were added to our immigration law, the most tion were matters of principle or at least pro Although considerable consensus de important of which was an explicit provi forma. New Hampshire's interest had been veloped on many issues, we obviously did sion for refugees and an explicit ceiling on in the "Hampshire grants." not reach full agreement and many con immigration from the Western Hemisphere Maryland was left as the sole holdout tentious questions remain. But I think for the first time in American history. against the three major "landed" states to all of us agree that the Commission's This time, our Commission took a compre the south, and particularly against its old :hensive look. Unlike the Select Commission rival and neighbor, Virginia. Indeed, Virginia work represents a sol;d and sound basis of 1907, we approached this extremely com did present a monolithic threat. In addition for congressional review and action. plicated and emotional subject with open to the huge jurisdictions represented in its For the information of the Senate, I minds. Certain beliefs have underlined our District of Kentucky and its "county" of illi should like to share the comments today work: nois, its Ohio Company had taken out pat of Father Hesburgh at a press confer We believe there are no inferior and supe ents for great tracts on which it proposed to ence where he formally submitted the rior peoples; promote settlements in what were to become Commission's report to Congress. I also We believe that people are capable of be the states of Ohio, Indiana, Michigan, Wis ask that his introductory comments in coming good .A..mericans regardless of na consin, and part of Minnesota. With ~he cap tionality. ture of Vincennes by its own troops under the report and an executive summary, as We also believe that it is no longer pos George Rogers Clark early in the Revolution, well as my additional comments, be sible to have unlimited immigration and Virginia further asserted claim to the entire printed at this point in the RECORD. that our laws must be enforced. area by right of conquest. The material follows: After 18 months of work including 21 pub- 3290 CONGRESSIONAL RECORD-SENATE February 27, 1981 li~ consultations with experts on a \'ariety of nation of immigrants, it is also a truism that motivwte these opinions, but in the light of subjects, 12 public hearings held in different it is one no longer, nor can it become a land ha.rd-headed U.S. interests it would be a mis cities all over the country and a systematic ot unlimited i~igration. As im,t.~urtant a:.s taKe to let the emotion generated by an un review and analysis of all existing research immigration has been and remains to our usual, almost bizarre episode guide national on immigration, including the commission country, it is no longer possi.ole to say as policy. While the Cuban push-out should not ing of more than two dozen new studies, we George Washington did that we welcome all be permittea to happen again, •the fact that are ready with our final report, to b~ fol of the oppressed of the world, or as 01d the it happened once should not blind us to the lowed in th~ next two months by a much poet, Emma Lazarus, that we should take advantages of legally accepting a reasonable more detailed documentation transmitted all of the huddled masses yearning to be number of immigrants and refugees. from the staff to the Congress, including a free. To the question: Lc; immigration in the redraft of the Immigration and Nationality The United States of America-no matter U.S. national interest?, the Seleot Commis Act. how powerful and idealistic-cannot by it sion gives a strong but qualified yes. A strong The emphasis in the Commission's recom self solve the problems of world migration. yes because we believe there are many bene mendations, which are themselves complex, This nation must continue to have some fits which immigrants bring to U.S. society; can be summed up quite simply: limits on immigration. Our policy-while a qualified yes because we believe there are We recommend closing the back door to providing opportunity to a portion of the limits on the ability of this country -to absorb undocumented/illegal migration; world's population-must be guided by the large numbers of immigrants effectively. Our Opening the front door a little more to basic national interests of the people of the work during the past 19 months has con accommodate legal migration since that is United States. firmed the continuing value of accepting in the best interests of i;his country; The emphasis in the Commission's recom immigrants and refugees to the United Defining our immigration goals clearly and mendations, which are themselves complex, Staltes, in addition to the humanitarian pur providing e. structure to implement them can be summed up quite sim::ly: We recom pose served. effectively; and mend closing the back door to undocu The research findings are clear: Immi Setting forth procedures which lead to fair mentea/illegal migration, opening the tront grants, refugees and their children work and efficient adjudication and administration door a little more to accommodate legal hard and contribute to the economic welJ. of U.S. immigration laws. migration in the interests of this country, .being of our society; strengthen our social I will stop talking now. I am sure you have defining our immigration goals clearly and security system and manpower capablldty; questions not just of me but of other Com providing a structure to implement them strengthen our ties with other nations; in missioners who are here. The attention on effectively, and setting forth procedures crease our language and cultural resources immigration now shifts to the Congress and which will lead to fair and efficient adjudi and powerfully demon&tra.te to the world the Administration. We have provided an cation and administration of U.S. immigra that the United St.a.tes is an open and free . agenda for deliberation and action which we tion laws. society. hope w111 serve them well. New immigrants benefit ,the United States THE UNITED STATES AND THE WORLD and reaffirm its deepest values. One can see U.S. IMMIGRATION POLICY AND THE NATIONAL In emphasizing that our recommenda them in New Orleans, where Indochinese INTEREST tions must be consistent with U.S. national refugees, ha.rd at work during the day, crowd interests, we are aware of tre fact that we classrooms 8/t ndght to learn English; in Fall (The final report and recommendations of live in a shrinking, interdependent world and River, Massachusetts, a city with more than the Select Commission on Immigration that world economic and oolitical forces re 20 identifiable ethnic groups whose ances and Refugee Policy with supplemental sult in the migration of peoples. We also are tral fia.gs fly in front of City Hall and which views by Commissioners, March 1, 1981) aware of how inadequately the world is orga has oeen restored to economi~ health by re "I! I am not for myself, who will be for nized to deal with the dislocations that cent Portuguese immigrants; in Koreatown me? But if I am for myself only, what am I? occur as a result of such migrations. None of in Los Angeles, where Korean Americans And if not now, when ?"-Hillel, "Sayings of the great international issues of our time have taken an inner-city slum and trans the Fathers" 1:14. arms control, energy, food or migration formed it into a vital community; in Flori Our history is largely the story of immi can be solved entirely within the framework d·a, where Cuban Americans have renewed gration. Even the Indians were immigrants. of a nation-state world. the City of Miami, through economic ties The ancestors of all other Americans-when Certainly, there is no unilateral U.S. solu to Latin America; in Chicago, where young measured in terms of world history-came tion to any of these problems; we must work Jewish immigrants from the Soviet Union here only yesterday. with a world organized along nation-state work two job3 in addition to atltending high As a refuge and a land of opportunity, the lines and with existing international organi school; in San Antonio, where new Mexican United States remains the world's number zations. As a nation resoonsible for the ·immigrants are taking a.chantage of English one magnet. This fact reaffirms the faith of destiny of its people and their descendants, literacy classes and have joined Mex-ican our founding fathers and the central values we can better deal with these problems by 'Americans with many generations of U.S. we have adopted as a nation-freedom, working witlh other nations to build more residence to create a heal thy economy and equality under the law, opportunity and re effective international mechanisms. Thwt is to strengthen trade and cultural ties with spect for diversity. Throughout our history, why we begin our recommendations with a our border neighbor; and in Denver, where, our leaders have seen in immigration the call fOT a new emphasis on internationalizing in a third grade class, students from five articulation of these deeply held and reli world migration issues. Since many, large countries are learning the history of the giously based values. President Ronald w. scale, international migrations are caused by United States and are learning to count in Reagan, in his speech accepting the Re war, poverty and persecution within send two foreign languages in addition to English, and where, in Februa.ry 1980, a Vietnamese publican nomination for the presic'~ncy, ing nations, it is in the national iruterests of reminded us of that fact when he said: the United States to work with other nations American third grader who had been in this "I ask you to trust that American spirit to prevent or ameliorate those conditions. country for only six months, identified George Washington as "the father of our which knows no ethnic, religious, social IMMIGRATION AND THE NATIONAL INTEREST political, regional or economic boundaries! country." the spirit that burned with zeal in the hearts That immigration serves humanitarian But even though imm•igration is gOOd for of millions of i.m.migrants from every corner ends is unquestionable: most immigrants this country, the Commission has rejected of the earth who came here in search of come to the United States seeking reunion the arguments of many economists, e.thnic freedom ..." with their families or as refugees. But in groups and religious leaders for a great ex Then, examining the events of the recent examining U.S. immigration policy and de p::msion in the number of immigrants and past, the President asked: veloping its recommendatons, the Select refugees to be accepted by the United Sta.tes. Commission also asked another question: Is Many of those in favor of expanded immi "Can we doubt tha,t only a divine Provi immigration and the acceptance of refugees graNon have argued that the United States dence placed this land-tais island of free in the U.S. national interest? That question is capable of absorbing far grea.1er numbers dom here as a refuge for all those people in was asked by many in this country when of immigrants than are now admitted. They the world who yearn to breathe free? Jews Fidel Castro pushed his own citizens out of contend that: and Christians enduring persec11t1on behind Cuba knowing that their main destination The United States ha-s the lowest popu the Iron Curtain, the boat people of South would be the United States. Nothing about lation density of any weal·thy, industrial na east Asia, Cuba, and Haiti, the victims of immigration-even widespread visa abm:e tion in the world, with the exceptions of drought and famine in Africa, the freedom and illegal border crossings-seems to have Canada and Australia; and fighters in Afghanistan and our own upset the American people more than the The United States, with only six percent countrymen held in savage captivity." Cuban push-out of 1980. But these new of the world's population, stlll accounts for Letters and oral testimony to the Select entrants were neither immigraruts nor refu 25 percent of the world's gross national Commission affirms the continuing vitality gees, having entered the United States with produot. of President Reagan's characterization of out qualifying as either. Their presence They further point out that the Un1ted the United States as a _land of opportunity brought home to most Americans the fact States faces serious labor shortages in the and as a beacon of Uberty for immigrants. that U.S. immigration policy was out of con decade to come, particularly of young and We have listened carefully to these moving trol. It also brought many letters to the middle-aged workers. Greatly expanded im voices, but we have also been faced with the Select Commission calling for restrictions on migi"3.t,ion, they balieve, wlll go a long way reality of limitations on immigration. If it U.S. immigration. towards providing needed workers. is a truism to say that the United Sta,tes is a It is easy to understand the feelings which Religious leaders have presented some of February 27, 1981 CONGRESSIONAL RECORD-SENATE 3291 these same arguments !rom a d11!erent per of thousands of other aliens remain in the gration routes and the smuggling of people spective. They, too, note the vast resources United States illegally after coming here orig:. into the United States will contribute to the and relatively low population density of the ina.lly as students or other nonimmigrant targeting of enforcement resources to stop United States, but argue that this nation has aliens. The Select Coxnmission is well aware illegal migrations in the future; a humanitarian responsibility to provide im of the widespread dissatisfaction among U.S. New and accurate information about the migration opportunities to those seeking en citizen.c:; with an immigration policy that origins of migration wlll enable the United try on the basis of family reunification or as seems to be out of control. States to work with large sending countries refugees. They wish the United States to pre · Some have argued before the Select Com in targeting aid and investment programs to serve its role as a country of large-scale im tnlssion that there is virtually nothing that deal with migration pressures at the source, migration, despite fears about the entry of can be done about the tidal movements of in the villages and provinces of those coun the foreign-born. people that are propelled by economic forces. tries; Historians, in their support of increased They believe this is particularly true in a New and accurate information about pat immigration, have cautioned against overly country such as ours, with land and coastal terns of visa abuse by those who entered as restrictionist tendencies. They point out that borders which are easy to cross and where nonimmigrant aliens will help to make our U.S. citizens have always been concerned millions of tourists and students, having visa issuance process and control at ports of about the arrival of immigrants, but note entered find it easy to stay. Some have fur entry more effective; that immigrants have always made contribu ther rte'stified that the United States has The recommended legalization program tions to U.S. society. These scholars also state nothing to fear from lllegal tnlgration since will help to enforce the law, however, only that the proportion of foreign-born citizens 1.mmlgrants who come or remain outside of if other enforcement measures designed to in the United States is now at an all-time the law are self-selected, hard working, curtail future lllegal migration to the United low since 1850, when the government began highly creative persons who, even if they States are instituted. That is why the Com to keep such statistics. I! immigration did remain in this country, aid rather than tnlssion has linked the legalization program no harm to U.S. society when foreign-born harm u.s. society. This is a view that the to the introduction of such measures. Rec citizens accounted for 14 to 15 percent of the Commission believes does not sUfficiently ognizing that future tnlgration pressures population, they argue it should certainly consider the serious problems created by il could lead to even higher levels of illegal cause no internal problems now. legal migration. migration to the United States, the Com The Select Commission is, however, recom One does not have to be able to quantify tnlssion has em!)hasized the development of mending a more cautious approach. This is in detail all of the impacts of undocu effective enforcement strategies, including a not the time for a large-scale expansion in mented/ lllegal aliens in the United States new law to penalize employers who hire un legal immigration-for resident aliens or to know that there are some serious adverse documented/illegal aliens and new measures temporary workers-because the first order effects. Some U.S. citizens and resident to control the abuse of nonimmigrant status. of priority is bringing undocumented/lllegal aliens who can least afford it are hurt by No one on this Commission expects to immigration under control, while setting up competition for jobs and housing and a re stop illegal migration totally or believes that a rational system for legal immigration. duction of wages and standards at the work new enforcement measures can be insti The Commission is, therefore, recommend place. The existence of a fugitive under tuted without cost. But we do believe that ing a modest increase in legal immigration ground class is unhealthy for society as a we can reduce illegal entries sharply, and suftlcient to expedite the clearance of back whole and may contribute to ethnic tensions. that the social costs of not doing so may logs-mainly to reunify families-which have In addition, widespread illegality erodes con be grave. What is a serious problem today developed under the current immigration fidence in the law generally, and immigra could become a monumental crisis as migra system and to introduce a new system, which tion law specifically, while being unfair to tion pressures increase. we believe will be more equitable and more those who seek to immigrate legally. clearly refiect our interests as a nation. The Select Commission's determination to THE REUNIFICATION OF FAMILIES Such a modest increase will continue to enforce the law is no refiection on the char A better i·mmigration system may help to bring the benefits of immigration to the acter or the ab11lty of those who desperately reduce the pressures for illegal migration to United States without exacerbating fears seek to work and provide for their famlUes. some extent. A look at present U.S. immi not always rational--of competition with im Coming from all over the world, they repre gration statistics reveals one relatively small migrants. Such an increase recognizes that sent, as immigrants invariably do, a portion but important source of illegal migration. Of immigrants create as well as take jobs and of the world's most ambitious and creative the more than one million persons now reg readily pay more into the public coffers than men and women. But if U.S. immigration istered at consular offices waiting for visas, they take out, as research completed for the policy is to serve this nation's interests, it more than 700,000 are relatives of U.S. citi Select Commission shows. It also recognizes must be enforced effectively. This nation has zens or resident aliens, including spouses and that immigrants in some locales do compete a responsibllity to its people-citizens and tnlnor children of resident aliens. There is for jobs, housing and space in schools with resident aliens-and failure to enforce im something wrong with a law that keeps out citizens and previously entered resident ali migration law means not living up to that for as long as eight years-the small child ens. In the case of refugees, there is an imme responsibility. ot a mother or father who has settled in the diate competition with needy U.S. citizens for The strong desire to regain control over United States while a nonrelative or less a variety of services which must be paid for U.S. immigration policy is one of several close relative from another country can come by U.S. taxpayers. In many communities, reasons for the Coxnmisison 's unanimous in immediately. Certainly a strong incentive local oftlcials have complained about the vote to legallze a substantial portion of the to enter illegally exists for persons who are strains which a sudden lnfiux of refugees has undocumented/1llegal aliens now in our separated from close family members for a placed on their capabilities to provide health country. Another is its acknowledgement long period of time. services, schooling and housing. that, in a sense, our society has participated What is basically wrong is that we have The American people have demonstrated in the creation of the problem. Many un not made clear our priority to reunify the that they are wllling to do what must be documented/lllegal migrants were induced immediate relatives of U.S. residents regard done to save a portion of the world's refu to come to the United States by offers of less of their nationality. Among our recom gees from persecution and sometimes even work from U.S. employers who recruited and mendations are two which would help to do from death. That is why the Select Commis hired them under protection of present U.S. just that. The first puts immigrants whose sion has endorsed the Refugee Act of 1980, law. A significant minority of undocu entry into the United States would reunify even while questioning aspects of its ad mented/1llegal aliens have been part of a families on a separate track from other im ministration. But it is impossible for the chain of family migrants to the United migrants. The second puts spouses and minor United States to absorb even a large propor States for at least two generations. Often children of lawful permanent resident aliens tion of the 16 million refugees in this world entering for temporary work. these migrants under a separate, numerically limited cate and stlll give high priority to meeting the began coming to the United States before gory without country celHngs. Eliminating needs of its own poor, especially those in this nation imposed a ce11lng on legal immi country ceutng in this category should help its racial and ethnic minorities. Our present gration from the Western Hemisphere in assure the reunification of the families of refugee policy may seem unduly harsh and 1968 and a 20.000 per-country visa ceUing permanent resident aliens on a first-come, narrow to many, particularly when a ter on le~al immieTation for each Western first-served basis within a fixed world ceiling. ribly poor country such as Somalia has more Hemisphere country in 1976. than one milllon refugees in its care. But INDEPENDENT IMMIGRANTS But that is not the main reason for legal The creation of a separate category for we must be realistic about our obligations Izing a substantial portion of those who are as a society to persons in need who already nonfamily immigrants-the independent live in ·thts country. here. Legalizing those who have settled in category-may also somewhat reduce illegal this country and who are otherwise qualified immigration by broadening 1.mmigratlon op UNDOCUMENTED/ILLEGAL :MIGRATION will have many positive benefits for the portunities. It reaftlrms the importance to Illegal migrations of persons in search of United States as a whole: the United States of traditional "new seed" work occur extensively throughout Europe, Hard-working, law-abiding persons with a 1.mmigrants who come to work, save, invest Latin America, as well as in Canada anci the stake in U.S. society will come out into the and plan for their children and grandchil United States. Such migration to the United open and contribute much more to it; dren, and creates an 1.mmigration channel !or States is so extensive that hundreds of No longer exploitable at the workplace, persons who cannot enter the United States thousands of persons annually enter this they no longer wlll contribute to depressing on the basis o! family reunification. It is the country outside of the law. Although these U.S. labor standards and wages; Commission's hope that this category will migrants usually do not stay, each year tens New and accurate information about mi- provide 1.mmigration opportunities for those 3292 CONGRESSIONAL RECORD-SENATE February 27, 1981 persons who come from countries where im SECTION n. UNDOCUMENTED/ILLEGAL ALIENS and length of continuous residenc&-and by migration to the United States has not been II.A. Border and Interior Enforcement: specified groups o! excludab111ty that are recent or from countries that have no immi II.A.l. Border Patrol Funding: 91ppropriate to the legalization program. gration base here. The Select Commission recommends that II.C.2. Maximum Participation in the Many other important issues have also Border Patrol funding levels be raised to Legalization Program: been addressed by the Select Commission, the numbers and training of personnel, re The Select Commission recommends that including an upgrading of our system for ad placement sensor systems, additional light voluntary agencies and community orga ministering U.S. immigration laws, the need planes and helicopters and other needed nizations be given a significant role in the to streamline deportation proceedings, and equipment. legalization program. the importance of English-language acquisi II.A.2. Port-of-Entry Inspections: II.C.3. Lgalization and Enforcement: tion. we have tried to address these and The Select Commission recommends that The Select Commission recommends that other issues with open minds, recognizing port-of-entry inspections be enhanced by legalization begin when appropriate enforce that few of them can be resolved easlly. increasing the number of primary inspec ment mechanisms have been instituted. That there is disagreement on some issues tors, instituting a mobile inspections task II.C.4. Unqualified Undocument/Dlegal among Commissioners is not surprising since force and replacing all outstanding border Aliens: we represent a great variety of perspectives crossing cards with a counterfeit-resistant The Select COmmission recommends that and since the complex issues of immigration card. those who are ineligible !or a legalization are charged with emotion and special inter II.A.3. The Select Commission recommends program be subject to the penalties of the est. Even though we have disagreed among that regional border enforcement posts be Immigration and Nationality Act if they ourselves in formulating some answers, we established to coordinate the work of the come to the attention o! immigration have reached consensus on a· great many of Immigration and Naturalization Service, the authorities. the questions which faced us. Our basic con U.S. Customs Service, the Drug Enforcement SECTION m. THE ADMISSION OF IMMIGRANTS cern has been the common good which must Administration and the U.S. Coast Guard in lli.A. Numbers of Immigrants: characterize good U.S. law, and we have tried the interdiction of both undocumented; to recommend policies that would be respon III.A.l. Numerical Ce111ngs on Total Im illegal migrants and illicit goods, specifically migrant Admissions: sible, equitable, efficient and enforceable. narcotics. we have not, of course, answered every The Select Commission recommends con II.A.4. Enforcement of Current Law: tinuing a system where some immigrants are question and our answers are far from per The Select Commission recommends that fect, but we believe we asked the right ques numerically limited but certain others tions and that the answers are free from the the law be firmly and consistently enforced such -as immediate relatives o! U.S. citizens cant, hypocrisy and racism which have some against U.S. citizens who aid aliens who do and refugees-are exempt from any numeri times characterized U.S. immigration policy not have valid visas to enter the country. cal ce111ngs. in years gone by. With that in mind, we hope II.A.5. Nonimmigrant Visa Abuse: III.A.2. Numerically Limited Immigration: that our recommendations, in the words of The Select Commission recommends that The Select Commission recommends an George Washington, "set a standard to which investigations of overstays and student visa annual ce111ng o! 250,000 numerically lim the wise and honest can repair." abusers be maintained regardless of other ited · immigrant visas with an additional ReV. THEODORE M. HESBURGH. investigatllve priorities. 100,000 visas available for the first five years II.A.6. Nonimmigrant Document Control: to provide a higher cemng to allow backlogs The Select Commission recommends that a to be cleared. ExECUTIVE SUMMARY-RECOMMmiDATIONS OF fully automated system of nonimmigrant III.B. Goals and Structure: THE SELECT COMMISSION ON IMMIGRATION document control should be established in III.B.l. Categor.l.es of Immigrants: AND REFUGEE POLICY the Immigration and Naturalization Service The Select Co1Il1llJss.ion recommends the SECTION I. INTERNATIONAL ISSUES to allow prompt tracking of aliens and to sepB.~ration of the two major types of immi I.A. Better Understanding of International verify their departure. U.S. consular posts of grants-families and independent (nonfam Migration: visa issuance should be informed of non lly) immigrants-into distinct admissions The Select Commission recommends .that departures. oo.tegor.l.es. the United States continue to work with II.A.7. Deportation of Undocumented/Il III.C. Family Reunification: other nations and principal international or legal Immigrants: The Select Commission recommends that ganizations that collect information, con The Select Commission recommends that the reunification of familles continue to duct research and coordinate consultations deportation and removal of undocumented/ play a major and lmpo;rrtant role in U.S. on migratory flows and the treatment of lllegal migrants should be effected to discour immigmtlon pollcy. international migrants, to develop a better age early return. Adequate funds should be III.C.l. Immediate Relatives of U.S. understanding of migration issues. available to maintain high levels of alien Citizens: I.B. Revitalization of Existing International apprehension, detention and deportation The Select Commission recommeru:ls con Organizations: throughout the year. Where possible, aliens tinu.lng the admission of immediate rela The Select Commission recommends that should be required to pay the transportation tives o! U.S. citizens outside of any n.umerl the United States initiate discussion through costs of deportation or removal under safe caa Umitations. This group should be ex an international conference on ways to re guards. panded slightly to include not only the vitalize existing institutional arrangements II.A.S. Training of INS Oftlcers: spouses, minor chlldlfen and parents of for international cooperation in the handling The Select Commission recommends high adult citizens, but alro the adult unmarr!ed of migration and refugee problems. priority be given to the training of Immigra sons 8IIld daughters and grandparents of I.e. Expansion of Bilateral Consultations: tion and Naturalization Service oftlcers to adult U.S. citizens. In the case of grand The Select Commission recommends that fam111arize them with the rights of aliens and parents, petlticning rights !or the lmmigra the United States expand bilateral consul U.S. citizens and to help them deal with tion of relatives do not attach untll the tations with other governments, especially persons of other cultural backgrounds. Fur petltloner acquk"es U.S. citizeru>hip. Mexico and other regional neighbors regard ther, to protect the rights of those who have III.C.2. Spouses 8.IIld U.nmaNled Sons and ing migration. entered the United States legally, the Com Daughters of Permanent Resident Aliens: I.D. The Creation of Re"'ional Mechanisms: mission a 1so recommends that immigration The Select Commission recognizes the The United States should initiate discus laws not be selectively enforced in the Inte importance of reunifying spouses -and un sions with regional neighbors on the crea rior on the basis of race, religion, sex, or married scns and daughters with their pea- tion of mechanisms to: national origin. mMlent resident allen relatives. A substan Discuss and make recommendations on II.B. Economic Deterrents in the Work tial numb& of visas should be set aside for ways to promote regional cooperation on the place: this group and it would be given top pri related matters of trade, aid, investment, de II.B.l. Employer Sanctions Legislation: ority in the numerically llmlted family re velopment and migration; The Select Commission recommends that unification category. Explore additional means of cooperation legislation be passed making it illegal for III.C.3. Man-led SoiliS and Daughters o! for effective enforcement of immigration employers to hire undocumented workers. U.S. Citizens: laws; II.B.2. Enforcement Efforts in Addition to The Select Commission recommends con Establish means !or mutual cooperation Employer Sanctions: tinuing a numerdcally limited preference for for the protection of the human and labor The Select Commission recommends that the ma.t'll'ied sons and daughters o! U.S. rights o! nationals residing in each other's the enforcement of existing wage and work citizens. countries; ing standards legislation be increased in con ILI.C.4. Brothers Mld Sisters of U.S. Explore the posslb111ty of negotiating are junction with the enforcement of employer citizens: gional convention on forced migration or 6x responsibility legislation. The Select Commission recommends that pulsion o! citizens; and II.C. Legalization: the present policy of a.dimdtting 8.111 brothers Consider establishment of a regional au The Select Commission recommends that and sisters of adult U.S. citizens within the thority to work with the U.N. High Commis a program to legali?e illegal/undocumented numer:icalllmltations be contlillued. sioner for Refugees and the Intergovern aliens now in the United States be adopted. III.C.5. Parents o! Adult Permanent Resi mental Committee on Migration in arranging ll.C.l. Ellgib111ty for Legalization: dents: for the permanent and productive resettle The Select Oommission recommends that The Select Commission recommends in ment of asylees who cannot be repatriated elig1b111ty be determined by interrelated cluding a numerically limited preference for to their countries of origin. measurements o! residence--date o! entry certain parents of adult permanent resident February 27, 1981 CONGRESSIONAL RECORD-SENATE 3293 aliens. Such parents must be elderly and SECTION V. REFUGEE AND MASS FmST ASYLUM The Select Commission recommends that have no children living outside the United ISSUES medical assistance for refugees should be States. V.A. The Select Commission endorses the more effectively separated from cash-assist 1II.C.6. Country Ce111ngs: provisions of the Refugee Act of 1980 which ance programs. The Select Commission recommends that cover the definition of refugee, the number V.C.6. Resettlement Goals: country ce111ngs apply to all numerically lim of visas allocated to refugees and how these The Select Commission recommends that ited fa.m1ly reunification preferences except numbers are allocated. refugee achievement of self-sufficiency and to that fpr the spouses and minor children of V.A.l. Allocation of Refugee Numbers: adjustment to living ln the United States be permanent resiaent aliens, who should be The Select CommiSsion recommenas that reaffirmed as the goal of resettlement. In pur admitted on a first-come, first-served basis the U.S. allocation of refugee numbers in suance of this goal, "survival" training-the within a worldwide ceiling set for that pref clude both geographic considerations and attainment of basic levels o! language and erence. specific refugee characteristics. Numbers vocational skills-and vocational counseling lll.C.7. Preference Percentage Allocations: should be provided-not by statute but in should be emphasized. Sanctions (in the The Select Oommis5ion recommends t;h~S.t the course of the allocation process itselt form of termination of support and services) percentages of the total number of visas set for political prisoners, victims of torture and should be imposed on refugees who refuse SiSide for family reull'ification be assigned to persons under threat of death. appropriate job otrers, if these sanctions are the individual preferences. V.B. Mass First Asylum Admissions: approved by the voluntary agency respon N. D. Independent Immigration: V .B.l. Planning for Asylum Emergencies: sible for resettlement, the cash-assistance The Select Commission recommends that The Select Commission recommends that ~ce and, if involved, the employment provision should be made in the immigrant an interagency body be estabilshed to de service. admissions system to facilitate the immigra velop procedures, including contingency V.0.7. Sponsors: liion of persons without family ties in the plans for opening and managing federal The Select CommiSsion recommends th-at United States. processing centers, for handling possible improvements in the orientation and III.D.l. Special Immigrants: mass asylum emergencies. preparation of sponsors be promoted. The Select Commission recommendS tha.t V.B.2. Determining the Legitimacy of Mass V.D. Administmtion of U.S. Refugee and .. special" immigrants remain a. numerically Asylum Claims: Mass Asylum Polley: exempt group but be placed within the in The Select Comniission recommends that V.D.l. Streamlining of Resettlement Agen dependen!t category. mass asylum applicants continue to be re cies: ID.D.2. Immigrants With Exceptional quired to bear an individualized burden of The Select Commdssion recommends tha.t the Administration, through the office of Qu~S.lifications: proof. Group profiles should be developed Tile Select Comm'i•ssion recognizes the de and used by processing personnel and area the Coordinator for Refugees, be directed to &rab111ty of fac111tating the entry of immi experts (see V.B.4.) to determine the legi examine whether the prog>NUD. of resettle grants with exceptional qualifications and timacy of individual claims. ment can be st·reamlined to make govern recommends that a small, numerically lim V .B.3. Developing and Issuing Group Pro ment participation more responsive to the ited category be created within the inde files: fiow of refugees coming to thiS country. pendent category for this purpose. The Select Commission recommends that Particular attention should be given to the III.D.3. Immigrant lnvestors: the responsib111ty for developing and issuing questdon of whether excessive bureaucracy The Select Commission recommends crea.t group profiles be given to the U.S. Coordi has been created, although inadvert~ntly, mg a. small, numerically limited subcategory nator for Refugee Affairs. pursuant to the Refugee Act of 1980. within the independent category to provide V.B.4. Asylum Admissions Officers: V.D.2. U.S. Coordinator for Refugee Af for the immigration of certain investors. The The Select Commission recommends that fai·r.s: the positicn of asvlum admissions officer be The Select Commission recommends t'hat criteria. for the entry of investors should be the office of the U.S. Coordinator for Ref a. substantial amount of investment or ca created within the Immigration and Na.t ugee Affairs be moved from the State De pacity for investment in dollar terms, sub uralization Service. This official should be schooled in the procedures and techniques partment and be placed in the Executive stantially greater than the present $40,000 Office of the President. requirement set by regulation. of eligibillty determinations. Area experts IU.D.4. Retirees: should be made available to these processing SECTION VI. NONIMMIGRANT ALIENS The Select Commission recommends that personnel to provide information on condi VI.A. Nonimmigrant Adjustment to !m no special provision be made for immigra tions in the source country, facilitating a Inigrant Status: tion of retirees. well-founded basis for asylum determina The Select Commission recommends that UI.D.5. Other Independent Immigrants: tions. the present system under whdch eligible non The Select Commission recommends the V.B.5. Asylum Appeals: immigrants and other aliens are permitted creation of a. category for qualified independ The Select Commission holds the view that to adjust their status into all !minigrant ent immigrants other than those of excep in each case a simple asylum appeal be heard CSitegories be continued. tional merit or those who can qualify a.s and recommends that the appeal be heard V'I.B. Foreign Studelllts: investors. by whatever institution routinely hears other V!.B.l. Foreign Student Employment: IIT.D.6. Selection Criteria. for Independent immigration appeals. The Select Oomm·iss.lon recommends tha.t Immigrants: V.C. Refugee Resettlement: the United States retain current restl'lictions The Select Commission believes that spe The Select Commission endorses the over on foreign student employ.men·t, but ex cific labor market criteria should be estab all programs and principles of refugee re pedite the processing of work authorization liShed for the selection of independent im settlement but takes note o! changes that requests; unauthorized student employment migrants, but is divided over whether the are needed in the areas of cash and medical should be controlled through the measures mechanism should be a streamlining and assistance progTams, strategies !or resettle recommended to curtail other types of illegal clarification of the present labor certifica ment, programs to promote refugee self employment. tion procedur':' plus a. job offer from a u.s. sufficiency and the preparation of refugee VI.B.2. Employment of Foreign Student employer, or a policy under which independ sponsors. Spouses: ent immigrants would be admissible unless V.C.1 State and Local Governments: The Select Commission recommends tha.t the Secretary of Labor ruled that their im The Select Commission recommends that the spouses of foreign students be eligible to migration would be harmful to the U.S. state and local governments be involved in request employment authorization from the labor market. planning for initial refugee resettlement and Immigration and Naturalization Service un III.D.7. Country Ce111ngs: that consideration be given to establishing der the same conditions that now a.pply to The Select Commission recommends a a federal program o! impact aid to minimize . the spouses of exchange visitors. fixed-percentage limit to the independent the financial impact of refugees on local VI.B.3. Subdivision of the Foreign Student immigration from any one country. services. 081tegory: ni.E. Flexib111ty in Immigration Policy: V.C.2. Refugee Clustering: The Select Commission recommends divid III.E.l. Suggested Mechanism: The Select Commission recommends that ing the present aU-inclusive F-1 foreign The Select Commission recommends that refugee clustering be encouraged. Mecha student e&~tegory into subcategories: a re ranking members of the House and Senate niSms should be developed, particularly with vised F-1 class for foreign students at aca subcommittees with immigration responsi in the voluntary agency network, to settle detnic institutions that have foreign student b111ties, in consultation with the Depart ethnic groups of similar backgrounds in the programs and have demonstrated their ca ments of State. Justice, and Labor, prepare same areas. paci·ty for responsible foreign student man a.n annual report on the current domestic V.C.3. Resettlement Benefita: agement to the Immigration and Naturaliza and international situations a.s they relate The Select Commission recommends that tion Service; a. revised F-2 class for students to U.S. immigration policy. consideration be given to an extension of at other academic institutions authorized to federal refugee assiStance reimbursement. enroll foreign students that have not yet SECTION IV. PHASING IN NEW PROGRAMS RECOM V.C.4. Cash-AssiStance Programs: demonstrated their capacity for responsible MENDED BY THE SELECT COMMISSION The Select Commission recommends that foreign student management and a new F-3 The Select Commission recommends a co stricter regulations be imposed on the use cla..c::s for language or vocational students. An ordinated phasing-in of the major programs o! cash-assistance programs by refugees. additional F-4 class would be needed for the it has proposed. V.C.5. Medical-Assistance Programs: spouses and children of foreign students. 3294 CONGRESSIONAL RECO~SENATE February 27, 1981

VI.B.4. Authorization of Schools to Enroll ministering U.S. 1mmlgration and nation anism and using the State Department's Foreign Students: ality laws be retained with visa issuance n.nd visa. case review and field support process as The Select Commission recommends that the attend811l.t policy and regulatory mecha tools to ensure equity and consistency in the responsibil1ty for authorizing schools to nisms in the Department of Stat.e- and consular decisions. enroll foreign students be transferred from domestic operations and the attendant pollcy VII.F. Immigration Law Enforcement by the Immigration and Naturalization Service and regulatory mechanisms in the Immigra State and Local Police: to the Department of Education. tion and Naturalization Service of the De The Select Commission recommends that rvi.B.5. Administrative Fines for Delinquent partment of Justice. state and local law enforcement officials be Schools: VII.B. lmmigration and Naturalization prohibited from apprehending persons on The Select Commission recommends estab Service: immigration charges, but further recom lishing a procedure that would allow the VII.B.l. Service and Enforc.ement Func mends that local officials continue to be en Immigration and Naturalization Service to tions: couraged to notify the Immigration and N~t impose administrative fines on schools that The Select Commission recommencs that uraliza.tion service when they suspect a neglect or abuse their foreign student re all major domestic immigration and nation person who has been arrested for a viola sponslb111ties (for example, failure to inform ality operations be retained within the Im tion unrelated to immigration to be an un INS of changes in the enrollment status of migration and Naturalization Service, with documented/lllegal allen. foreign students enrolled in their schools) . clear budgetary and organizational sepa SECTION VIII. LEGAL ISSUES VI.C. Tourists and Business Travelers: ration of service and enforcement functions. VI.C.l. Visa Waiver for Tourists and Busi VII.B.2. Head of the INS: VIII.A. Powers of Immigration and Nat-: ness Travelers from Selected Countries: The Select Commission recommends that ura.liza tion Officers : The Select Commission recommends that the head of the Immigration and Naturaliza VIII.A.l. Temporary Detention for Inter visas be waived for tourists and business tion Service be upgraded to director at a rogation: travelers from selected COIUntries who visit level similar to that of the other major The Select Commission recommends that the United States for short periods of time. agencies within the Department of Justice statutes authorizing Immigration and Nat VI.C.2. Improvement in the Processing o! and report directly to the • • • uralization Service enforcement activi·ties Intracompany Transferee Cases: VII. B. 3. Professionalism of INS Em- for other than activities on the border The Select Commission recommends that ployees: · clearly provide that Immigration and Nat U.S. consular officers be authorized to ap The Select Commission recommends the uralization Service Officers may tempora.rtly prove the petitions required for intracom following actions be taken to improve the detain a. person for interrogation or a brief pany transfers. responsiveness and sensitivity of Immigra investigation upon reasonable cause to be VI.D. Medical Personnel: tion and Naturalization Service employees: lieve (based upon a.rticula.ble facts) that VI.D.l. Elimination of the Training Time Establish a code of ethics and behavior the person 1s unlawfully present in the Limit for Foreign Medical School Graduates: for all INS employees. United States. The Select Commission recommends the Upgrade employee training to include vm.A.2. Arrests With and Without War- elimination of the present two- to three-year meaningful courses at the entry and jour rants: limit on the residency training of foreign neymen levels on ethnic studies and the The Select Commission recommends that: doctors. history and benefits of immigration. Arrests, effected with or without the au VID.2. Revision of the Visa Qualifying Promote the recruitment of new employees thority of a. warrant, should be supported by Exam for Foreign Doctors: with foreign language capabilities and the probable cause to believe that the person The Select Commission recommends that acquisition of foreign language skills in ad arrested is an alien unlawfully present in the the Visa Qualifying Exam. (VQE) be revised dition to Spanish-in which all officers are United States. to deemphasize the significance of the Exam's now extensively trained-for existing per warrantless arrests should only be made Part I on basic biological science. sonnel. when an INS officer reasonably believes that VI.D.3. Admission of Foreign Nurses as Sensitize employees to the perspectives the person is likely to flee before an arrest Temporary Workers: and needs of the persons with whom they warrant can be obtained. The Select Commission recommends that come in contact and encourage INS manage Arrest warrants may be issued by the Im qualified foreign nurses continue to be ad ment to be more sensitive to employee migration and Na.tura.llza.tion Service Dis mitted as temporary workers, but also recom morale by improving pay scales and other trict Directors or Deputy District Directors, mends that efforts be intensified to induce conditions of employment. the hea.fls of suboffices and Assistant District more U.S. nurses who are not currently prac Reward meritorious service and sensitivity Directors for Investigations acting for the ticing their professions to do so. in conduct of work. Attorney General. VI.D.4. Screening of Foreign Nurses Apply Continue vigorous investigation of and ac Persons arrested outside the border area ing for Visas: tion against all serious allegations of mis without a warrant should be taken without The Select Commission recommends that feasance, malfeasance and corruption by INS unnecessary delay before the Immigration all foreign nurses who apply for U.S. visas employees. and Naturalization Service District Director, continue to be required to pass the examina Give officers training to deal with violence Deputy District Director, head of suboffice or tion of the Commission on Graduates of For and threats of violence. Assistant Director for Investigations acting eign Nursing Schools. Strengthen and formalize the existing for the Attorney General or before an immi VI.E. H-2 Temporary Workers: mechanism for reviewing administrative gration judge who wm determine if sufficient The Department of Labor s'hould recom, complaints, thus permitting the Immigra evidence exists to supoort the initiation of mend changes in the H-2 program w'hich tion and Naturalization Service to become deportation proceedings. With respect to ar would improve the fairness of the program more aware of and responsive to the public rests at the border, persons arrested without to both U.S. workers and employers. Proposed It serves. a warrant should be taken without unneces changes should: Make special efforts to recruit and hire sary delay before an immigration judge or a Improve the timeliness of decisions re minority and women applicants. supervisory rest>Onsible Immigration and garding the admission of H-2 workers by VII. C. Structure for Immigration Hear Naturalization Service official who will de streamlining the application process; ings and Appeals: termine whether sufficient evidence exists to Remove the current economic disincen Article I Court: support the initiation of deportation pro tives to hire U.S. workers by requiring, for The Select Commission recommends that ceedings. example, employers to pay FICA and unem existing law be amended to create an 1mm1- VIII.A.3. Searches for Persons and Evi- ployment insurance for H-2 workers· and gration court under Article I of the U.S. dence: maintain the labor certification by th~ U.S. Constitution. The Select Commission recommends that Department of Labor. VII.C.2. Resources for Article I Court: the Immigration and Na.tiona.litv Act include The Commission believes that govern The Select Commission urges that the provisions authorizing Immigration and Nat ment, employers, and unions should co court be provided with the ncessa.ry support uralization Service officers to conduct operate to end the dependence of any in to reduce existing backlogs. searches: dustry on a constant supply of H-2 workers. VII.D. Administrative Naturallza.tion: WUh pro'ba-ble cause either under the au The above does not exclude a slight expan The Se1ect Commission recommends that thority of judicial warrants for property a.ne! sion of the program. naturalization be made an administrative persons, or in exigent circumstances; VI.F. Authority of the Attorney General to process within the Immigration and Nat Upon the receipt of voluntary consent at Deport Nonimmigra.nts: uralization Service with judicial naturaliza places other than residences; The Select Commission recommends that tion permitted when practical and re When searches pursuant to a.ppllcable law greater statutory authority be given to the quested. It further recommends that the are conducted incident to a. lawful arrest; or significance and meaning of the process be Attorney General to institute deportation At the border. proceedings against nonimmigrant aliens preserved by retaining meaningful group when there is conviction for an offense sub ceremonies as the forum for the actual con VJTI.A.4. Evidence Jllega.lly Obtained: ject to sentencing of six months or more. ferring of citizenship. The Select commission recommends that VII. E. Review of Consular Decisions: enforcement officials using illegal means to SECTION vri. ADMINISTRATIVE. ISSUES The Select Commission recommends that obtain evidence should be penalized. The VII.A. Federal Agency Structure: the existing informal review system for con evidence thus obtained should not be ex The Select Commission recommends that sular decisions be continued but improved cluded from consideration in deportation the present federal agency structure for ad- by enhancing the consular post review mech- cases. February 27, 1981 CONGRESSIONAL RECORD-SENATE 3295 Vlli.B. Right to Counsel: Our task as members of the Commission resettle refugees of special concern to the VIII.B.l. The Right to Counsel and Notifi has been to consider immigration policy in United States 1n a more humane and effective cation of that Right: light of America's basic interests, with full way. It has increased Congressional con The Select Commission recommends that regard for our immigrant heritage and our trol, without impairing the nation's ablllty the right to counsel and notification of that humanitarian tradition. The Commission has to respond to refugee emergencies. right be mandated at the time of exclusion succeeded in this d11ficult task. Its work, its Some have suggested that the Act should and deportation hearings and when petitions findings and recommendations, and the ex be blamed for the difficulty in dealing with for benefits under the INA are adjudicated. tensive research material and staff reports the Cuban and Haitian refugee crisis last VIII.B.2. Counsel at Government Expense: represent the most sign1fl.cant and thought year. That criticism is unwarranted. The The Select Commission recommends ful study of American immigration law in Refugee Act was never used by the govern amending the current law to provide counsel three decades. Its work has laid the basis for ment in dealing with that crisis. lt was at government expense only to permanent Congressional action this year on reforms deliberately by-passed. At the time, I urged resident aliens in deportation or exclusion that are long overdue. the Administration to invoke the procedures hearings, and only when those aliens cannot The Commission did not come to complete of the Act. The Cuban and Haitian crisis afford legal counsel and alternative sources agreement on a number of significant points. involved a flow of people to our shores un of free legal services are not available. Many contentious issues remain. My votes precedented in its character and its diplo VIII.C. Limits on Deportation: have supported the thrust of the Commis matic complexity. The Act was designed for VIII.C.l. Revision of Section 244 of the Im sion's work and I agree with most of the such situations, and it should have been migration and Nationality Act: Comm·ission's recommendations. However, I used. The Select Commission recommends that would like to note some areas of disagreement AMERICA'S NEIGHBORS the words "extreme hardship" in Section 244 and offer some additional comments. I strongly endorse the Commission's rec of the Immigration and Nationality Act be INTERNATIONAL COOPEJlATION changed to "hardship." And that the refer ommendation that the United States should ence to congressional confirmation of suspen I fully concur in the Commission's find expand bilateral consultation to promote co sion of deportation be ellm1nated from this ing that there must be increased interna operation on migration and refugee issues section. tional cooperation on world migration and in the Western Hemisphere--especially with VIII.C.2. Long-Term Permanent Residence refugee problems. The United States must our neighbors, Canada and Mexico. These as a. Bar to Deportation: provide leadership in revitalizing existing two nations deserve special consideration in The Commissioners did not reach a con- international organizations that deal with our policies. I support higher immigration sensus on this issue. migrants and refugees. quotas for each nation. I also support pro VIII.D. Exclusions: We must strengthen international mech posals .to expand and facilitate the move VIII.D.l. Grounds for Exclusion: anisms to deal with the growing tide of ment of non-immigrants across the Cana The Select Commission believes that the refugees. The focal point in any such effort dian and Mexican borders. must be the United Nations High Commis present exclusionary grounds should not be If we are to achieve greater cooperation retained. The Select Commission recommends sioner for Refugees. The High Commission with our neighbors, we must consult and that Congress reexamine the grounds for ex er's role is oru.cia.l 1n our effort to assist and agree in advance, before our immigration clusion set forth in the INA. protect refugees. Yet, the UNHCR labors policies are set. The past teaches that barbed Vill.D.2. Reentry Doctrine: UIIlder many limitations flowing from his wire fences do not make good neighbors. The Select Commission recommends that mandate, which was basically fashioned Immigration is not solely a domestic issue. after World War II and in the protocol to the reentry doctrine be modified so that re It is a bilateral and international concern turning lawful permanent resident aliens the U.N. Convention Relating to the Status as well. of Refugees concluded over 14 years ago. The (those who have departed from the United UNDOCUMENTED ALmNS States for temporary purposes) can reenter last major effort to mob1llze worldwide at tention on refugee problems occurred over I support the Commission's view that we the United States without being subject to need new measures to cope with the flow the exclusion laws, except the following: 20 years ago during the World Refugee Year of 1959. of undocumented aliens. The United States Criminal grounds for exclusion (criminal cannot have a policy that permits an un convictions while abroad); Since then there has been an enormous Political grounds for exclusion; increase in the number of refugees. Relief controlled fiow of immigrants. But any con and resettlement needs have grown dra trols-and their enforcement-must be fair Entry into the United States without in and humane. spection; and matically. The complexity of refugee prob Engaging in persecution. lems ·has consistently outpaced the ab1Uty One of the concerns expressed over the of governments to respond. Yet the powers Comn..ission's recommendations in this area SECTION IX. LANGUAGE REQUIREMENT FOR of the High Commissioner have remained has been that the Commission is unduly NATURALIZATION unchanged. preoccupied with closing the border and The Select Commission recommends that I support the Select Comm1ssion's call for with enforcement, rather than fac111tating the current English-language requirement an international conference on refugees, to entry or safeguarding rights under the law. for naturallzatio~ be retained, but also rec focus attention on world refugee problems I share this concern, especially as it reflects ommends that the English-language require and to review the mandate and authority the continuing need for more scrupulous ment be modified to provide a flexible for of the UNHCR and other international sensitivity to the fundamental civil rights mula that would permit older persons with agencies involved in refugee programs. of Hispanic-Americans. many years of permanent residence in the THE 1980 REFUG.EE ACT In most areas, however, the Commission's United States to obtain citizenship without votes and actions reflect this sensitivity and reading, writing or speaking English. In the meantime, here at home, the Refu embrace generous and humane proposals for SECTION X. TREATMENT OF U.S. TERRITORIES gee Act of 1980 gives us the tools to deal dealing with immigration problems. For ex UNDER U .S. IMMIGllATION AND NATIONALITY with the resettlement needs of refugees of ample, the Commission voted unanimously LAWS special concern to the United States. I to support a flexible program to ad.fust the strongly support the overwhelming vote of The Select Commission recommends that status of undocumented aliens already lead U.S. law permit, but not require, special the Commission endorsing the general p.ro ing productive lives in the United States. treatment of all U.S. territories. vis1ons of the Refugee Act. It provides a The Commission's votes and discussions in fl.exible framework for admitting and re dicate a clear recognition that, for an am settling refugees, and it has been a cata STATEMENT OF SENATOR EDWARD M. KENNEDY nesty program to work, it must be compre lyst for reforming and strengthening the hensive, it must reach out to as many un ON REPORT OF THE SELECT COMMISSION ON resettlement process- As the report notes, IMMIGRATION POLICY cl.ocumented aliens as possible, and it must further administrative changes must be have as few exclusions as possible. Only in At the first meeting of the Select Commis made for greater efficiency, but these can be this way wm undocumented aliens come sion two years ago, I noted that our mandate accomplished under the Act without new forward. touched the heart of what American is today legislation. One of the most serious omissions in the and will be tomorrow. For immlgr81tion is Some have voiced orlticism of the Refugee Comm!Rsion's votes was the !allure to specify both America's past and future. Act. One area of controversy involves the a period of continuous residence for undocu Immigration demonstrates the confidence nrumber of refugees eligible for admission mented ali~ns to qualify under the legaliza in the continuing promise of our land. It under the Act. Implicit in this controversy tion program. In earlier "straw ballots" of honors our traditional concern for family re is the critLcl.sm that too many refugees have the Commission, most Commissioners voted union. It strengthens the economic and cul been admitted under the Act. for two years from the time of the Com tural life of our country. And it assures that But nothing in the Act requires the mission's J:eport. some calling for one year, America will always be a home for-the home United States to admit any refugees. The and no on~ ca111ng for more than three to less. Act was adopted by Congress to improve the four years. It would be my view that the con However, the Select Commission was cre framework for resolving the public policy tinuous residence requirement should be no ated by Congress with the clear recognition issue of how many refugees, and which refu more than one year prior to January 1, 1980. that our current immigration laws and poli gees, should be admitted to this country. Also I believe it would be inadvisable to cies are out of date and inadequate to handle The Act has worked. It has succeeded in attempt to deport those undocumented the world migration pressures of our time. facllitating this process. It has helped to aliens who do not meet the ~ specified real- 3296 CONGRESSIONAL RECORD-SENATE February 27, 1981

dence requirement. A special temporary INCREASED CEILINGS FOR IMMIGRATION program and mak·ing i.t more effective. I con status could be authorized for those who are I strongly support the revision of the cur cur in Secretary of Labor Marshall's recom not otherwise excludable and who wish to rent preference system to refiect our essen mendations on implementing the labor cer work in the United States. At some point tial and traditional priorities for the admls tification process. they, too, should be eligible to adjust their sion of immigrants, such as family reunion, LEGAL ISSUES status. the relief of refugees, and those who wm I regret that the Oommission did not vote Finally, I agree that increased enforce contribute to the economic development and on the suggstions for reforming the current ment efforts must be undertaken a.s part of cultural enrichment of our country. exclusion provisions in the law. The work the overall retorms the Commission is rec I support the modest increase in the an of the staff and the Commission's Subcom ommending. But this does not mean that nual immigration ceiling to accommodate mittee, led by Attorney General Civlletti and the legalization program should be delayed these priorities and to end the backlogs Congresswoman Hol·tzman, offered reason until the implementation of all the other under the existing system. The proposed able proposals for overhauling the archaic short-run and long-run administrative and 350,000 ceiling is a reasonable target for and harsh provisions of Section 212(a) of enforcement procedures recommended by the current lmmlgration policy. In fact, it is less the Immigration and Nationality Act. Commission. Rather, the legalization pro than what is necessary for our country to Grounds for exclusion should be carefully gram should be undertaken at the same time achieve zero population growth in 40 years de.;;igned to exclude onJ.y those who are new enfor~ement efforts are initiated and at current fertllity levels. deemed a threat to our national security funds are authorized. To delay the program No ce111ng should be placed on immediate or to public health, safety and welfare. Non beyond this period would only exacerbate the family reunion cases. To do so would be to immigrants-such as those visiting this enforcement problems. impose serious and unfair burdens on the country as tourists or for professional pur EMPLOYER SANCTIONS rights of American citizens. The admission poses-should not be excluded except on of refugees can be adequately controlled un grounds relating to security or criminal con Legal sanctions against employers are es duct. Ideological grounds of exclusion are sential as a matter of fairness. Sanctions der the Refugee Act, which requires annual consultations and annual budgetary actions repugnant to the American tradition of under current law fall solely on the undocu liberty and individual freedom. mented aliens, not on the employers who by Congress before refugees can be admitted. may be exploiting them. I favor sanctions TEMPORARY WORKERS CONCLUSION against employers who engage in pattern I support the unanimous view of the Com As the Commission concludes its work, it and-practice hiring of undocumented aliens. mission that there is no sound basis for a is well for us to remember again the com The government should have this enforce vastly expanded temporary worker program. ment of Oscar HandJ.iin when he began his ment tool to deal with the serious problem Adoption of the amnesty recommendation study, the Uprooted: "Once I thought to of exploitation by employers of undocu and implementation of the new immigration write a history of the immigrants in Amer mented aliens. system will result in the admission of sig ica. Then I discovered that the immigrants Part of the incentive to hire undocu nificant numbers of additional immigrants were American history." mented aliens is their willingness to accept and an adjustment in the status of up to I am confident tbat they will remain a substandard wages and working conditions. three million aliens already in this country. part of our nation's future because of this We must therefore intensify the enforce Until the impact of these changes is as CommisSiion's work. I hope that our recom ment of existing laws, including the mini sessed, there is no justification for a large mendations will be promptly implemented mum wage, OSHA, the Fair Labor Standards new temporary worker program. If, over time, so tha:t we can fulfill the bright future of Act, social security insurance, unemploy there is a need for temporary labor, the Con our immigrant heritage.e ment insurance, and Title VII of the Civil gress can and should address the issue. There Rights Act. Vigorous and effective enforce is no justification for such action at this ment of these laws will reduce the incentive time. The fiow of undocumented workers THE REAGAN ECONOMIC PROGRAM for employers to hire undocumented workers. from Mexico cannot be stemmed by a tem I oppose the establishment of a new na • Mr. PELL. Mr. President, President porary worker program. And any such pro Reagan has presented to Congress an tional employee el1gibllity card or data-bank gram would have serious consequences for system. These sweeping proposals are ex American labor that must be fully studied unusual and dramatic economic program. tremely costly. There are questions whether before any such step is taken. Because of the importance of the pro taken alone, these measures would substan The existing need for temporary workers posal, it deserves and requires, I believe, tially stem the fiow of lllega.l aliens. And can be met by streamlining the current H-2 a more reasoned response than simple they present serious threats to privacy and approval or rejection, particularly from civil liberties. Until these doubts are dis tive, date-sharing network linked with the the Senate Democratic minority, which pelled, existing identification documents and F.B.I. has a major responsibility for critical procedures can and should be used to deter 3. The National Driver's Register of the mine employment eligibility. U.S. Dept. of Transportation used the SSN. analysis. One obvious step is to make the Social 4. Florida and Utah use the SSN for st6te Indeed, President Reagan, to his Security system and card less susceptible to wide, educational recordkeeping for high credit, challenged Members of Congress misuse so that it can be used as an effective schcol students. to otfer alternative policies if they could fraud-proof form of employee identifi::ation. 5. The SSN is used in some instance for not support his program in its entirety. The General Accounting Offi.ce has recently vendor identification, for fishing or hunting It is in that constructive spirit that I recommended that the Social Security card licenses. otfer my points of agreement, and dis needs to be strengthened to protect the integ 6. Students a.re sometimes required to use rity of the Social Security system itself. Over the SSN when applying for the "college agreement, with the President's pro a reasonable period of time we should take board" exams. posals, and some alternative policies, the necessary steps to protect the social sec 7. Many colleges and universities use the which would still provide large budget urity number and establish penalties for its SSN for student admission and recordkeep cuts, but would reduce the proposed Fed fraudulent use. This step will benefit the So ing. eral spending deficit by one-third. 8. Credit bureaus use the SSN in their dat6 cial Security system. It will also avoid the banks as an identifier or authenticator. I agree fully with the President's eco need for launching a costly, new identifica 9. Many employers, including the U.S. Sen nomic objectives-control inflation, pro tion system for employment eligib111ty pur ate, use the SSN for employee recordkeep1ng mote sound economic growth, and im poses.• and identification. prove the productivity and competitive 10. In addition, the GAO found the SSN is ness of American industry. required to: The President is right, also, that to *The General Accounting Office report, is Attend a meeting or social function at the achieve these objectives we must restrain sued on December 23, 1980, makes clear the White House; 'the growth of Federal Government social security number is already used ex Join the Chamber of Commerce or Jaycees; spending and make absolute cuts in tensively for identification purposes. It can Take out an insurance policy; and should, therefore, be used for employ Fi'e an insurance claim; many programs. We must not pennit ment identification if steps are taken to Obtain benefits from an estate or trust; Federal Government spending to grow strengthen the Social Security Administra Obtain a home mortgage or loan; faster than Federal Government income tion and protect the use of the identifica Check into a hospital; nor should Federal Government spend~ tion number. Below is the GAO listing of Purchase or obtain title to e.n automobile; ing grow faster than our overall na some of the current uses of the social secu Register to vote; tional economy. rity card by public and private entitles: Install a telephone; Argue a case before the Supreme Court; I agree, also, that the Federal Reserve 1. 70 percent of the St6tes now use the should be encouraged to reduce the social security number (SSN) for driver's Contribute to charitable organizations llcenstng purposes. · through payroll deductions; growth of the monev supply and credit. Register a motor vehicle; This is particularly important when we 2. Several States use the SSN as one of the Obtain a library card; or consider that business and consumer identifiers or authenticators 1n a coopers.- Give blood. debt has multiplied at twice the growth February 27, 1981 CONGRESSIONAL RECORD-SENATE 3297 rate of the Federal Government debt severe. Education programs are one ex ed deficit for 1982 would be about $29 during the past 20 years. ample. The education ot our youngsters billion-or about one-third less than the .• .,J. ..am. _conce.r~ause. But if it does not, then Washington's policy The editorial follows: military regime. In so doing, it is inviting GLADYS SPELLMAN'S BRILLIANT CAREER a confrontation from which, no matter what should at least be shaued by the likelihood indeed, certainly-that a victorious left in By anyone's account, Gladys Noon Spell the outcome, Moscow will emerge a winner. El Salvador, as in Nicaragua, would scarcely Our standing-in the eyes of much of the xnan entered the race for reelection to a. rest of the world, and perhaps even in those be anvone's willin~ client. The Soviet Union fourth term In Congress as the most popular and Cuba are useful arms suppliers during politician in Prince George's County. Today, of our own people-wm surely diminish. The civil war. But it is to the United States that ultimate losers wlll be those whom the Ad that reputation has not changed a bit-but, ministration in its simplistic Realpolitik has victorious insurgents look for aid in rebuild as Mrs. Spellman's milllons of admirers In overlooked: El Salvador's four million ing their countries. Then our resources and the county, in Congress and throughout the people. in:tluen~e can decisively shape events. Washington region have had to accept-her Alas for the Salvadorans, and also for our own circumstances have. Her reml\rkable 19- The Soviet Union wm emerge enhanced selves, the Administration has all but fore year political career has been halted, though because governments and publics in many closed such an outcome. Any hope for ore it rexnains a classic for all who would seek countries, including Mexico and Western venting a disastrous escalation of our involve public office and serve successfully. Europe, seem to believe that the Salvadoran ment in the war must rest with the To have watched Mrs. Spellman on the rebels, who now enjoy Moscow's and Havana's campaign trail, on the phones, in the schools support, are much more worthy of support Administration's critics at home-with Democrats, liberal Republicans, and the or up and down the aisles and office hallways than the regime they oppose. Thus, if large churches, especially the Roman Catholic of Congress was to see a woman obviously scale United States assistance saves th<:! Church. They may yet save the honor the reveling in her work and loving her constitu junta, Washington will be accused of again Administration is so recklessly squandering.• ents. You could watch with amusement, st1fiing a "progressive third-world revolu too, as Mrs. Spellman would bat those big tion." On the other hand, now that Wash dark eyes, smile, gosh-golly It a few times ington's prestige is engaged, an insurgent and then systematically strip the socks off of victory w111 seem yet another sign of declin TRffiUTE TO GLADYS NOON SPELLMAN unsuspecting colleagues In the House to ing United States power. For Moscow, no make another point or two on behalf of her matter what the outcome, the applause of • Mr. MATHIAS. Mr. Pres~dent, all who constituents. much of the tnird world will r.ome as a serve in the Congress know that our ten There has always been more to It than welcome diversion from the opprobrium that ure here is limited and that the privilege charm and cunning, though; Mrs. Spellman has rightly attached to its brutal interven has been a polltical pro In every way, with an tion in Afghanistan. of serving will end for us as it did for uncanny sense of her constituency's Inter Like the Carter White House, the Reagan those who came before us. The Republic ests-most notably those of federal em Administration purports to regard the junta survives our departure, our successors ployees, from elevator operator to secretary, as courageous centrists battling repression take our seats, and the work goes on. But clerk and middle-level professional. To this from left and right. But the o·verwhelming there is a special sadness in the end of group that always suffers as the easy target February 27, 1981 CONGRESSIONAL RECORD-SENATE 3299 of the "anti-Washington" candidates, what shall a hea-rlong be conducted with less than financial interests on forms to be perfected better music than Mrs. Spellman's "Beauti 24 hours notice. by the Committee in the manner required ful Bureaucrat" column in her newsletter, (b) Each witness who is to appear before in the case of Presidential nominees. commending "wonderfully responsive" gov the Commlttee shall file with the Commit CONFIDENTIAL TESTIMONY ernment workers and championing those tee, Bit least 24 hours in advance of the hear who, "far from slowing down the wheels of ing, a written statement of his or her testi Rule 9. No confidential testimony taken by government, are really the people who keep mony in as many copies as the Chairman of or confidential material presented to the them churning"? the Committee prescribes. Committee or any report of the proceedings This keen appreciation of her constituents (c)" Each Membe·r shall be limited to 5 of a closed Committee hearing or business and of government at its best has been in minutes in the questioning of any witness meeting shall be made public in whole or in strumental in promoting the best of Prince until such time as all Members who so de part or by way of summary, unless author George's County-where Mrs. Spellman first sire have had an opportunity to question ized by a majority of the Members of the came into the public eye as a crusading PTA the witness u.:1less the Committee shall de Comznittee at a business meeting called for activist, elected as a Democratic reformer to cide otherwise. the purpose of making such a aeterllluuu1uu. the old County Board of Commissioners in (d) The Chairman and ranking Minorl•ty DEFAMATORY STATEMENTS 1962. Four years later, she became board Member or the ranking Majority and Minori Rule 10. Any person whose name 1s m~u chairman, the first woman to head Mary ty Members present at the hearing may tioned or who is specifically identified in, or land's largest county. Mrs. Spellman re each appoint one Commi-ttee staff member who believes that testimony or other evi mained in the political thick of things when to que3tion each witness. Such staff member dence presented at, an open Committee hear the county changed to a charter form of gov may question the witness only after aU ing tends to defame him or otherwise ad ernment, winning election to the new county Members present have comp•leted their versely affect his reputation may file with council and, in 1974, to the U.S. House. questioning of the witness or a.t such other the Committee for its consideration and ac The bubbling omnipresence of Gladys time as the Chairman and the ranking Spellman-in meetings large and small, at tion a sworn statement of facts relevant to Majority and Minority Members present moay such testimony or evidence. those open-door complaint sessions for con agree. stituents, at the nightly sessions throughout BROADCASTING OF HEARINGS OR MEETINGS BUSINESS MEETING AGENDA her district, at the PTAs, at the clubs or in Rule 11. Any meeting or hearing by the the family rooms around the neighbor Rule 5. (a) A legislative· measure or subject Committee which is open to the public may hoods-is no more. And yesterday's declara shall be included in the agenda of the next be covered in whole or in part by television tion of a vacancy of this seat was only right, following business meeting of the Comznittee broadcast, radio broadcast, or stm photog for representation of this district must if a written request for such inclusion has raphy. Photographers and reporters using continue. been filed with the Chairman of the Commit mechanical recording filming, or broadcast StUl, we can know what Mrs. Spellman's tee at least 1 week prior to such meeting. ing devices shall position their equipment so daughter means when she says, "I'm waiting Nothing in this rule shall be construed to as not to interfere with the seating, vision, for her to look up and tell me to cut my hair, liznit the authority of the Chairman of the and hearing of Members and staff on the dais or to tell the boys to trim their beards." Committee to include legislative measures or or with the orderly process of the meeting or After all, everybody knows by now that subjects on the Committee agenda in the hearing. Gladys Spellman has never been one to be absence of such request. AMENDING THE RULES underestimated.~ (b) The agenda for any business meeting of the Committee shall be provided to each Rule 12. These rules may be amended only Member and made available to the public by a vote of a majority of a.ll Members of the Comznittee in a business meeting of the RULES OF THE SELECT COMMI'ITEE at least 3 days prior to such meeting, and no new items may be added after the agenda 1s Committee; Provided, That no vote may be ON INDIAN AFFAIRS so published except by the approval of a taken on any proposed amendment unless • Mr. COHEN. Mr. President, in com majority of the Members of the Committee. such amendment is reproduced in full in the The Clerk shall promptly notify absent Mem Committee agenda for such meeting at least pliance with section 133 (b) of the Legis bers of any action taken by the Comznittee on three days in advance of such meeting. Such lative Reorganization Act of 1946, as matters not included in the published proposed amendments shall be mailed to amended, the Select Committee on In agenda. each Member of the Committee at least dian Affairs is publishing the commit QUORUMS seven (7) calendar days in advance of the tee's rules, which I submit for printing Rule 6. (a) Except as provided in subsecs. meeting.e in the RECORD. (b) and (c) , four Members shall constitute The rules are as follows: a quorum for the conduct of business of the RULES OF THE SELECT COMMITTEE ON INDIAN Committee. ANNUAL REPORT OF THE JOINT AFFAIRS (b) No measure or matter shall be ordered ECONOMIC COMMI'ITEE reported from the Committee unless four COMMITTEE RULES Members of the Committee are actually pres • Mr. KENNEDY. Mr. President, in the Rule 1. The Standing Rules of the Sen ent at the time such action is taken. annual report of the Joint Economic ate, Senate Resolution 4, and the provi (c) One Member shall constitute a quorum Committee, released yesterday, the Dem sions of the Legisl-ative ReorgMJ.ization Act for the purpose of conducting a hearing or ocratic members of the committee, under of 1946, as amended by the Le~islative Re taking testimony on any measure before the organization Aet of 1970, to -the extent the Committee. the leadership of Chairman HENRY provisions of such aets are applicable to the REuss, have submitted a thoughtful and VOTING far-ranging alternative economic pro Select Committee on Indian A1falrs and as Rule 7. (a) A rollcall of the Members shall supp.lemented by these rules, are adopted gram for the Nation. I am proud to have as the rules of the Committee. be taken upon the request of any Member. (b) Proxy voting shall be perznitted on all joined in this program, which contains MEETINGS OF THE COMMITTEE matters, except that proxies may not be 33 specific recommendations for action, Rule 2. The Committee shall meet on the counted for the purpose of determining the and I commend the outstanding leader first Wednesday of each month whUe the presence of a quorum. Unless further liznited, ship of Congressman REuss in preparing Congress is in session for the purpooe of a proxy shall be exercised only upon the date and presenting this important Demo conducting business, unless, for the con for which it is given and upon the items pub cratic alternative. venienee of Members, the Chairman shall lished in the agenda for that date. set some other day for a meeting. Additional SWORN TESTIMONY AND FINANCIAL STATEMENTS Mr. President, a news article by Harry meetings may be called by the Chairman as Ellis in today's Christian Science Moni he may deem necessary. Rule 8. Witnesses in Committee hearings may be required to give testimony under oath tor provides an excellent summary of OPEN HEARINGS AND MEETINGS whenever the Chairman or ranking Minority the JEC's report, and I ask that it be Rule 3. Hearings and business meetings Member of the Committee deems such to be printed in the RECORD. I also ask that of the Committee shall be open to the pub necessary. At any hearing to confirm a Presi the text of the 33 recommendations lic except when the Committee by majori dential nomination, the testimony of the be printed in the REcoRD. ty vote orders a closed hearing or meeting. nozninee, and at the request of any member, The material is as follows: HEARING PROCEDURE any other witness shall be under oath. Every nominee shall submit a financial statement [From the Christian Science Monitor, Rule 4. (a) Public notice shall be gdven of on forms to be perfected by the Committee, Feb. 27, 1981] the date, ploaee, and subject matter of any which shall be sworn to by the nominee as DEMOCRATIC LEADERS SAY GUNS-AND-BUTTER hearing to be held by the Committee a.t least to its completeness and accuracy. All such BUDGET RISKS INFLATION-8MALLER TAX one week in advance of such hearing un statements shall be made public by the Com CUT URGED IN REPORT ON FISCAL ALTERNA• less the Chairman of the Committee deter mittee unless the Committee on executive TIVES mines that the hearing is nonoontroversial session determines that special circumstances (By Harry B. Ellls) or that special circumstances require ex require a full -:>r partial exception to this WASHINGTON.-As a great debate kindles pedited procedures and a majorlity of the rule. MembP.rs of the Committee are urged Committee involved concurs. In no case in Congress over President Reagan's eco to make public a complete disclosure of their nomic policies, the vision o! America's future

79-059 0 1984- 34- (Vol. 127 Pt. 3) 3300 CONGRESSIONAL RECORD-SENATE February 27, 1981 looks very different from opposing sides of "The federal reserve," says Reuss, "should for speculative and purely financial purposes, the political aisle. Indeed keep growth targets austere, but not which make less credit available to enhance Congressional Democrats, taking up Mr. more so than In 1980, when they caust.d productivity and thus fight inflation. Reagan's challenge to come up with a better two bouts of 20 percent interest rates." U. FISCAL POLICY program, see danger signals down the road Targets just announced by the Fed, said Recommendation No. 7: Fiscal policy: Co including higher infiation-1! key elements Mr. Reuss, mean a. "harsh blow to capital ordination with monetary policy of the President's proposals are not changed. investment," because competition for Rep. HenryS. Reuss (D) of Wisconsin sees supertight capital w111 drive up interest Fiscal policy should be closely coordinated in the Reagan program a "weird combina rates, making it too expensive for many busi with monetary policy. To achieve better co tion" of "supertight money," leading to nessmen to borrow. ordination, the Administration should make higher int(erest rates, and a "sloppy fiscal Monetary restraint, according to JEC public the monetary policy assumptions it policy" of unwise tax cuts. Democrats, should be "moderate," combin employs in reaching its budget and economic All this, plus alternative suggestions, are ing the need to reduce inflation with the forecasts. embodied in the Democratic version of a equal need to maintain steady growth of Recommendation No. 8: Fiscal policy: Fight fresh Juint Economic Oommittee (JEC) the economy. inflation and recession report, outlining what lies ahead for the What Americans now are seeing, many an Fiscal policy should be steady and mod U.S. economy. alysts believe, is a shrinking of consensus erately restrained. This policy is necessary to Because the JEC, chaired by Mr. Reuss. between Democrats and Republicans on the reinforce the Federal Reserve's efforts to re has 10 Democrats and an equal number of President's economic program, a.s Congress duce inflation while supporting growth. All Republicans, the GOP members produce examines both its details and implications. proposed tax and expenditure actions should their own report---strongly supportive of the Democrats, well aware of the political be examined closely for their effects on pro President. whirl wind which swept through the land ductivity and costs. Those which combat Democrats, according to Reuss, generally last November-and, in the House, aware both infiation and recession should get agree with President Reagan on several that they face voters again in less than two priority over all other measures. Recommen aspects of his program: years-still seek agreement where possible dations 9-11 deal with taxes, 12-13 with Business should get faster tax write-otis with the White House. spending. for investment in new plants and equipment, But officials on both sides differ honestly Recommendation No. 9: Liberalize business as the most efficient way to create jobs and over whether the Reagan tax cuts would depreciation improve productivity. lead to higher inflation and whether budget Reform of the federal regulatory system is trims wm fall too heavily on Americans on Once again, we urge Congress to enact needed, to "reduce unnecessary government the lower rungs of the economic ladder. promptly a liberalization of the business de regulations and paper work." preciation allowance for new investment, to Government spending should be reduced increase incentives to invest and to ensure JOINT ECONOMIC COMMITTEE REPORT-REC that tax treatment does not distort business "promptly," with no program to be exempt OMMENDATIONS IN DEMOCRATIC VIEWS from scrutiny. investment decisions. Prompt enactment iB Here consensus ends, as Democrats on the I . MONETARY POLICY justified because it is the most efficient in JEC level their big guns at the President's Recommendation No. 1: Long-term monetary centive to capital investment, which is espe plan to trim individual income taxes across restraint cially important now in view of the entry of the board and to support the Federal Re Monetary policy should be moderately re vast numbers of new workers into the labor serve Board's tightening of money supply strained to reduce inflation while sustaining pool. targets. steady economic growth. The long-run rate Recommendation No. 10: Offset 1981 payroll Long-term commitments to tax cuts--i.e., of growth of money and credit is of primary tax increases the three-year 30 percent across-the-board importance, rather than temporary devia An individual tax reduction designed to income tax cuts advocated by the White tions from the long-run growth trajectory. offset the January 1, 1981, increase in the House-risk "reigniting inflation" and also Recommendation No. 2: The Federal Reserve social security payroll tax, and thus undo favor the well-to-do, the Democrats claim. should explain its targets substantially all of the hardship imposed on Instead, JEC Democrats argue, Congress the low- and middle-income groups who pay should pass the kind of income tax cuts that The Federal Reserve should set forth pub the payroll tax, should be enacted immedi would offset this year's payroll (social se licly each year a careful explanation of how ately. curity) tax increase, thus relieving a burden its monetary targets have been selected. Such an explanation should relate the target to Recommendation No. 11: Beyond these: on middle-income taxpayers. beware Further tax cuts should be considered potential growth of real gross national prod only "when we can be sure that we hav~ uct (GNP) , to unavoidable (core) inflation, Other proposed immediate tax reductions, made progress against inflation, that the and to expected changes in the growth of particularly if they imply a commitment to budget is under control," and that tax in velocity. large fiscal stimulus in future years, present centives for business have upgraded plant, Recommendation No. 3: Bring interest rates the risk of reigniting inflation. Congress equipment, and productivity sutnciently to down should consider a further tax cut when we can be sure that we have made progress "accommodate the new surge of demand." Consistent with control over the growth Republicans on the JEC, led by Sen. Roger against inflation, that the budget is under of money and credit, the Administration, the control, and that the investment incentive W. Jepsen (R) of Iowa, committee vice Federal Reserve, and the Congress should chairman, deny that the Reagan-planned measures urged here have improved the Na concert their actions, through the methods tion's stock of plant and equipment and their tax cuts would be Infiationary, especially set forth in Recommendations 4-6, to lower when coupled with major budget trims. productivity so that they can accommodate interest rates. the new surge of demand. We should avoid If Americans know, Republicans argue that their tax burden will decline over three Recommendation No. 4: Do not tighten tar commitments now to long-term proposals years, they wlll work harder, save and in gets whose consequences are unpredictable. vest more, boost the output of goods and The Federal Reserve should refrain from Recommendation No. 12: Control spending services, and help to moderate tnfiation. tightening its 1981 monetary targets from Federal spending must be reduced The guns-and-butter Issue crops up In the those in effect in 1980. promptly. No government spending program JEC report, with chairman Reuss noting that Recommendation No. 5: Avoid interest rate should be exempt from scrutiny. President Reagan plans both to Increase de wars Recommendation No. 13: Cut spending fense spending and to cut taxes. The Administration and the Federal Re equitably Such a policy, Reuss told reporters, risks serve should work to avoid further interna It is essential that spending .reductions be repeating the mistake Democrats made dur tional "interest rate wars," in which certain made in a fair and equitable manner. Middle ing the Vietnam war of thinking that the na countries rely excessively on monetary rather and lower-income groups should not be re tion could have guns and butter at the same time. than fiscal policy to fight inflation, thus quired to carry a disproportionately great raising interest rates and forcing other coun burden of budget cutbacks. Proposals to ter "Guns and butter piled on top of each tries to follow suit to protect their curren minate or to make major reductions ·in Fed other," said the Wisconsin Democrat, "are cies. This "beggar-thy-neighbor" high in eral programs should be accompanied by as dangerous in 1981 as they were In 1967." terest rate competition should be replaced economic analyses showing the effects on the Reuss and his Democratic colleagues de by much closer international coordination living standards of different income groups plore the fact that the Federal Reserve Board and on different regions. wants to slow down the growth of the na of economic policy, both at and between tion's monev supply even more this year than summit meetings. Ill. INCOME DISTRmUTION It did in 1980. Recommendation No. 6: Encourage banks to Recommendation No. 14: Do not worsen the Fed chairman Paul A. Volcker says he fight inflation distribution of income plans a "franklv restrictive" policy to com The Administration and the Federal Re The poor are threatened by proposed cut bat inflation by lowering money supply serve should encourage the banking system backs in transfer prograxns, and the middle growth targets by a half percentage point to develop effective methods to prevent de class has suffered a significant decline in its in 1981. stab11izing bursts of bank-financed lending real income in .recent years. Government tax February 27, 1981 CONGRESSIONAL RECORD-SENATE 3301 and expenditure actions should not increase tion of the fiscal problems of many of the replenishment of the International Develop poverty or reduce the share of income going Nation's cities. A strategy for investment and ment Association. to the middle class. jobs should take advantage of the oppor VI. REVIEW OF THE CURRENT SERVICES BUDGET IV. STRUCTURAL REFORM tunities in and meet the needs of our many AND THE PRESIDENT'S ECONOMIC GOALS diverse regions. Federal policies should not Recommendation No. 15: Long-term struc impede growth and development in any re Recommendation No. 33 tural improvement must start now gion of the country. Federal policies should The Congressional Budget Reform and Im Even sensible monetary and fiscal policies be examined for unintended, implicit re poundment Control Act of 1974 should be cannot achieve full employment without in gional, urban, or rural biases. modified to require submission by the Presi dent of a Current Services Budget by Janu fi.a.tion unless we reform our economic struc IV.B PRICES ture to rid it of rigidities and disincentives. ary 31 of each year, with the Joint Economic Recommendation No. 25 : Many steps needed IV .A INVESTMENT AND JOBS Committee evaluation to follow by March 1. for war on inflation This change would make the law consistent Recommendation No. 16: Needed investment Inflation is the major obstacle to sus with the present satisfactory practice.e and jobs tained economic growth, lower unemploy We support the goal set out in the 1981 ment, and increased investment. Past anti Economic Report of the President and by the infiation policies, from voluntary guidelines new Administration of increasing the share to engineered recessions, have not worked, DR. RIDDICK'S "SENATE of investment in GNP over the next several and we doubt that anything short of a com PROCEDURE" years. This goal is necessary to reconcile mod prehensive program will work now. Infia erately restrained macroeconomic policy with • Mr. MATHIAS. Mr. President, I am tion is a complex, deep-seated phenomenon pleased to join my colleagues in con a. sustained push toward full employment, and the war on infiation must encompass full production, a.nd higher productivity all of the measures listed in Recommenda gratulating Dr. Floyd M. Riddick on the growth. Components of a comprehensive in tions 26 to 29. completion of his new edition of "Senate vestment and jobs strategy should be de Recommendation No. 26 : Energy Procedure'' and to express my apprecia veloped, including the actions outlined in tion for the dedication that it required. Recommende.tions 17-24. Energy policy should focus on reducing the sensitivity of U.S. energy supply and When Dr. Riddick retired in 1974 at Recommendation No. 17: Tax incentives tor price to external shocks by continuing to the end of the 93d Congress, the Senate investment encourage conservation, greater domestic bestowed upon him the title of Parlia Tax reduction incentives should stress the energy production, including the develop mentarian emeritus. It was an honor enhancement of existing and new industrial ment of improved techniques for enhanced well deserved. since Dr. Riddick's service capacity and the reduction of costs of pro oil and unconventional gas recovery, and on Capitol Hill and the ability of our duction. establishment of substantial petroleum modern-day Senate to conduct its busi Recommendation No. 18: Basic research reserves. ness in an orderly fashion are inextrica Funding for basic research should be main Recommendation No. 27: Regulation bly intertwined. For instance, the history tained a.nd private research further en We should reduce unnecessary government of "Senate Procedure" itself-now in its couraged. regulations and paperwork, and utilize the fourth edition-is, to a large extent, also Recommendation No. 19: Infrastructure most cost-etrective techniques to meet nec the history of some of Dr. Riddick's most Investment in infrastructure-roads, water essary regulatory objectives. significant and enduring work. From its systems, rails, ports, utilities, and other Recommendation No. 28: Productivity first edition, "Senate Procedure" has re physical support systems--should be main tained at adequate levels. Federal economic We must increase our rate of productivity flected the knowledge, insight, and sensi development programs which can help State growth, which requires attention to invest tivity of Dr. Riddick. and local governments provide necessary in ment, employment, infrastructure, labor Dr. Riddick once described his original frastructure should be examined to improve force, education and training, research and association with "Senate Procedure" as their etrectiveness and reduce cthe risk of development, business leadership, and im follows for the oral history program of waste. proved labor-management relations. the Senate Historical Office: Recommendation No. 20: Targeted jobs tax Recommendation No. 29: Standby wage Mr. (Charles) Watkins started as parlia credit price control authority mentarian, no question about it. He tried to Better use should be made of the targeted The Administration has disbanded the equip himself and educate himself by going jobs tax credit specifically: Co1 1 ncil on Wa9"e and Price Stability. While back and picking up all of the precedents (1) the revision of eligibility criteria to COWPS had lost etrectiveness, the stubborn and practices of the Senate since 1884, which cover the ma.in categories of structurally un nature of the wage-price spiral may require was the last general revision of the Senate employed workers should be examined· some form of incomes policy. We are willing rules, or the last readoption of the rules in (2) eligib111ty criteria should be simpler to support an Administration initiative for entirety. a.nd more readily verifiable by employers; and standby wage-price control authority. Such Since 1884 there have been amendments, (3) there should be etrective publicity to authority should only be invoked as part of but basically the rules of the Senate have increase awareness on the part of the em a comprehensive anti-infiation strategy. remained the same since then; hence, unless ployers. something was a major precedent or major '1/. INTERNATIONAL ECONOMI::: POLICY practice, or something that had been carried Recommendation No. 21: Labor force and Recommendation No. 30: International through 1789, he did not try to collate them small business financial institutions as much as things that had occurred since The Congress should consider ways to We support an enlarged role for the Inter 1884. He wrote up most of these precedents. facilitate job creation by small businesses national Monetary Fund and the World Bank When I first joined the statr, that was the and to increase the proportion of Federal to deal with oil-induced economic adjust first assignment I had, to spend a year doing procurement and research and development ment, and we support an enlarged role for nothing but sitting and reading these prece funding that is available to small businesses, oil-exporting nations in programs adminis dents that we had written U!). They were ... and particularly to minority-owned busi tered by these institutions. on long legal-size stationery. I guess I would nesses. say he had 30,000 or more pages of such Income support programs should be de Recommendation No. 31: Promote literature, in typewritten form, that I had signed to help improve the employability of worldwide growth to read to equip myself. He didn't care to individuals by emphasizing training. edu The United States must work to foster sit down and write a book on it ... cation, and skill development and should economic growth and financial stability So I inquired of Mr. Watkins even then, utilize small businesses, and particularly around the world, a.nd particularly in the that if I took the job (otrered to me to be) minority-owned businesses, whenever pos non-oil exporting LDC's, which now pur assistant parliamentarian, would he permit llible. chase 27 percent of our manufactured ex me to compile the precedents of the Senate Recommendation No. 22: Labor-management ports. We should support fair and reciprocal and put them into a volume on Senate Pro cooperation etrorts to achieve freer and more ouen trade cedure. He assured me he would. So the first and capital flows in order to promote growth volume printed in '54 I had written com The Committee supports private etrorts pletely, except he read it all carefully to to improve productivity through coopera and ad1ustment in developed and developing countries. check any possible mistakes, but since I had tive activities by labor and management. used all the precedents that he'd compiled, Recommendation No. 23: Exports Recommendation No. 32: Replenish IDA as well as those that I'd dug up later, I felt • Smaller, innovation-minded firms end ae; World Ban'I{ lending to lower income devel it wa.s only right that he should have his ricultural commodities should receive en OTJing count-ries has played a vital role in name first, particularly since he was the hanced incentives and assistance for exports. furthering in+e"rn'\tional develoument. At the parliamentarian and I was the assistant par same time, it preser·•eo; a West.e.-n orec:ence Recommendation No. 24: Regional growth liamentarian, and that's the way it was done. in many parts of t.he wo-r'd and he'os b·•ild We stated in the preface at that time, I be Noninflationary growth is essential to real the exTJort markets of the next decade. The lieve, that we had used maybe a million income growth and central to the resolu- Congress should act favorably on the sixth precedents to bring this into being. 3302 CONGRESSIONAL RECORD-SENATE February 27, 1981 The rest is history, and we now have try to disrupt by force the Democratic proc ignate Leopolda Calvo Sotelo, who was trying ess which the Constitution approved by the to form a centrist government when the the fourth edition of "Senate Proce vote of the Spanish people prescribed guardsmen struck Monday. And they were dure." This important volume, however, through a. referendum. counting, vainly, it turned out, on the sup is not the only reminder we have on a port of a hard-line general, Jaime Milans del daily basis of Dr. Riddick's service. For [From The Boston Globe, Feb. 25, 1981] Bosch, an unreconstructed apostle o! the instance, each day we see the Daily Di SPAIN SURVIVES HANDILY Franco dictatorship. gest of the CONGRESSIONAL RECORD. Dr· Spain has changed greatly since the civil Were it not for the fact that real bullets war. An economic boom has transformed Riddick came to work on Capitol Hill in were fired into the ceiling of the Spanish the social landscape, and the country is now 1946, "on loan" from the U.S. Chamber parliament as its members prepared to vote poised for membership in the Common Mar of Commerce, to help establish what on a new government, the attempt by mili ket. Its church is no longer a conservative eventually became the Daily Digest in tiamen to undo Spanish democracy would monolith and private political armies no accordance with an authorization by the have something of the comic opera to it. longer wage open war. For the most part, 79th Congress. He never returned to the As it was, many sectors of Spain's frag Spain contends with the familiar ills of private sector, I am pleased to say. mented society fou nd that they could hold Western democracies: inflation (16 percent), Like the previous editions, the newly together in the face of a threat difficult to unemployment (12 percent) and the surge measure in its early moments; Spain has in energy costs. revised ''Senate Procedure" which we benefited. So have people in other countries But there is an important exception. In now have will guide the Senate through who worry about the fragility of democracy. the northern Basque provinces, violent sep the myriad precedents which bind the The authority of the scene, conveyed to aratists and the Civil Guard -are engaged in Senate as a body. For this we are grate the world by television, is hard to overstate. bitter conflict. Each side accuses the other, ful; for th;s we say to Dr. Riddick, as we The nearly comic caps worn by leaders of credibly, of atrocities. The dispute has in have so often in the past; "Well done; the coup attempt, the gesticulations, the fiamed the worst in Spanish politics. With scuffiing-all seemed unreal. the resignation last month of Prime Minis thank you." • It is possible now to wonder how such a ter Adolfo Suarez, Juan Carlos faced the bizarre escapade could carry the day in a first serious succession crisis since Franco's DEMOCRACY IN SPAIN modern nation: Quickly, the world discov death in 1975. While members of Parliament ered that the Spanish army wanted no part wrangled, the Basque terrorism provided a • Mr. KENNEDY. Mr. President, the in the change. While the army seemed to re pretext for Monday's assault on the Cortes. people of Spain have just emerged from spond directly to swift repudiation of the The deed showed the world how fragile an ordeal which, in spite of its brevity, move by King Juan Carlos, there was more democracy remains on the Iberian Peninsu than monarchical loyalty to the army's ac la. This time, thanks to the mortar of mon could have seriously disrupted the prog tion: the king is authentically popular and archy, the center held. ress which they have made in the historic was voicing the view of the majority of development of democracy in their coun Spaniards. The army was in reality accept (From the Washington Star, Feb. 25, 1981] try. I congratulate the King, the Parlia ing the view of the people of Spain. THE SPANISH CRISIS ment, and the loyal members of the Perhaps the final fragments of the Franco armed forces for their courageous, level era may now disappear from Spanish pC1li For a while there it looked as though the tics. The leaders of the coup, demanding a rush to congratulate Spain on its successful headed, and constitutional response to transition from a dictatorship to representa the attempted coup on February 23, 1981. return to the authoritarianism of Gen. Francisco Franco, have thoroughly demon tive government was a bit premature. A leg Having just emerged from a painfully strated the political poverty of their posi islative chamber full of armed intruders and long experience with fellow citizens held tion. crouching deputies doesn't look much like hostage in Iran, Americans can well ap Spain still has serious problems. It is the democracy in flower. preciate the gravity of taking hostage the victim of violence from extremist groups on Once again, though, the remarkable char entire Congress of Deputies as it was vot the right and left. Its varied ethnic groups acter of King Juan Carlos seems to have ing on a new Prime Minister. All friends have not yet sorted out the competing in saved Spain's hopes of a free society. Thanks terests of national identity and federal to the king's speed and firmness in calllng of Spain should be greatly relieved that out the army and rallying public sentiment the support of the Spanish people for the strength. Its parliamentary gov.ernment, deep in a leadership crisis, has yet to prove with a television appearance, what might swift and principled actions of the con its ability to cope with the array of prob have been a coup d 'etat became a passing stitutional authorities demonstrated to lems confronting a country that still lags incident. the perpetrators of the coup that they economically behind its European neighbors. The grievances that led members of the could count on no help. With luck, the mini-trauma imposed on Civil Guard to seize the Cortes, Spain's par Mr. President, King Juan Carlos made Spain by a group of latter-day Falangists liament, are real enough. This paramilitary an impressive address to the Spanish will bolster Spanish confidence in the na national police force, which numbers 64,000 tion's ability to resist counter-revolution men, has been a principal victim of terrorist people on February 24 urging calm and assassinations that have been increasing over ordering that the response to the crisis from the right and to deal successfully with future difficulties. Certainly Spaniards the last year or so. The guardsmen blame be made within constitutional limits. I are entitled to that result. the government for failing to work out an request that the full text of his address effective strategy for preventing them. be printed in the RECORD, along with edi [From the New York Times, Feb. 25, 1981] Behind this failure, of course, lies the torials which appeared in the February failure to either satisfy or subdue the Basque 25 editions of the Boston Globe, the New THE MORTAR OF MONARCHY IN SPAIN separatists who are thought to be responsible It could have been a Spanish tragedy; 1t for most of the recent bloodshed in Spain. York Times, and the Washington Star. turned out to be opera boufre. A takeover of While the fanatic element among the The material is as follows: Parliament by the Civil Guard ended in less Basques appears to be smaller than, for ex ADDRESS BY KING JUAN CARLOS than a day with all captives safely released. ample, the terrorist contingent in Northern On addressing all Spaniards with brevity "The only thing that will happen," said the Ireland, it is large enough to deny an en and conciseness in the extraordinary cir colonel who led the attempted coup, "is that tire nation the civic tranquility needed for cumstances which we are experiencing at the I will have to pay with 30 or 40 years in pris democratic institutions to function fully. moment I appeal to everyone for the utmost on." It would be nice to forget the matter Furthermore, the nationalist aspirations calm and trust, and I inform you that I have entirely and join with the freec;l members of that are, in part at least, responsible for con instructed the Captains-General of the mili Parliament in exclaiming, "Long live democ temporary terrorism in Spain are deep-rooted tary regions, Maritime zones and Air regions racy!" and they are not limited to the Basque coun with the following order: Nice, but too simple. In truth, Spain's two try. The Basques' self-assertion on behalf of In view of the situation created by the in year-old democratic system was saved by the their ancient language and culture has cidents which occurred at the Palace of Con King and the regular army. Juan Carlos is proved to be exportable. After all, Catalans gresses and to avoid any possible confusion, an able, popular and democratic-minded too have a language of their own and a sense I conform that I have ordered the Civil au monarch. However much some generals may of tribal allegiance mythical in its intensity. thorities (l.nd the Council of Joint Chiefs of long for a restoration of a Franco-style dic There have been stirrings among the Ga11- Staft' to take all necessary steps to maintain tatorship, they remained loyal to crown and cianos. constitutional order within the legality in Constitution when their demedaled King ap Whether any concessions to local autonomy force. In the event of any measure of a mili pealed on television for them to do so. short of full national independence would tary nature which should be taken, it must Their loyalty cannot be taken for granted. pacify these people is an open question. It is have the approval of the Council of Joint No Spaniard needs to be reminded that a also a question that shades off into further Chiefs of Staff. three-year civil war exploded in 1936 when questions about how Spanish terrorism re The Crown, symbol of the permanence and a unit of the same Civil Guard murdered the lates to the international communist kind unity of the Fatherland, cannot tolerate in monarchist leader Jose Calvo Sotelo. He was where the primary objective is to weaken any form actions or attitudes by persons who the uncle, it happens of Prime Minister-des- nations committed to Western values. February 27, 1981 CONGRESSIONAL RECORD-SENATE 3303 What is certain is that the Spanish gov The supervisor of labor and delivery in a 7. Ava1lab111ty of acceptable child-care fa- ernment has not found a way to deal with Texas hospital offered the above comment cilities either the terrorism or the separatist move during an interview. She is a good nurse, 8. Availability of inservice education ments within its purview. Spain's economic but she is frustrated and angry with her 9. Availab111ty of fringe benefits shortfalls are still around too, a continuing practice. She doesn't have time to provide 10. Competence of non-registered nursing threat to a fragile democracy. the kind of patient Claire that she wa;s staff The bright side of the picture remains prepared to give; she feels trapped and alone High percentages of non-employed nurses bright, though. A crisis surmounted can do w.ith overwhelming responsib111ties. Like listed many of the same items a;s their rea more for a ruling group's power and prestige many of her colleagues, she may leave nurs sons for leaving nursing. Additional highly than a crisis forestalled. Even in the Civil ing. ranked items included: Guard, a majority of Spaniards remain com In Texas, about 18,000 registered nurses 1. Family responsibilities mitted to the search for peaceful solutions are licensed to practice and are not current 2. Unavailability of desired work schedule to the nation's problems. The army has ly working in nursing; yet some hospital 3. Environment that does not provide a shown itself to be capable of emergency ac beds cannot be used because there are not sense of worth a;s a member of the health tion without taking permanent command. enough nurses to care for the patients who care team might occupy those beds. The king remains not only a model con 4. Lack of positive professional interac stitutional monarch but more-a positive In a study of the nurse shortage, the staff tions with physicians force impelling Spa.in along the road to sta of the Center for Research at The Univer ble self-government. With such assets, sity of Texas at Austin set out to identify 5. No emphasis placed on individualized Spain's prospects still look good.e factors a.ssoclated with nurse unemployment patient care and to suggest ways to attract non-working Of the factors which foster dissatisfaction nurses into the work force. They sought and contribute to withdrawal from practice, WHY NURSES LEAVE NURSING opinions, feelings, and idea;s about nursing all but family responsib111ties are directly from nurses themselves. Thirty-five hundred related to employment conditions common • Mr. HATCH. Mr. President, the most nurses responded to the study by filllng out to the hospital setting. Data from the inter severe health manpower shortage facing a questionnaire; 30 hospital nurses in six views reinforced the conclusion that dissat our Nation is the shortage of qualified small-group inter·views supplied reasons for isfaction stems from the work setting rather and willing nurses whose training and working;:not working in nursing and things than nursing practice. that would encourage nurses to return to talent we desperately need. In rural and work; and in a daylong conference interested QUALITATIVE DATA underserved areas in particular, the in persons, including consumers, nurses, physi The small-group interviews were held with ability of hospital administrators to at cians, administrators, educators, and legis three categories of registered nurses: em tract skilled nursing professionals passed lators, produced innovative suggestions for ployed staff nurses, unemployed staff nurses, the threshold of crisis proportions many attracting nurses back to work. and supervisors. Two groups were from a months ago. Congress can continue to Data from each part of the investigation large metropolitan hospital, two groups from dicker over whether or not this problem reinforced the findings in each other part. a medium-sized hospital in a small mid results from an actual personnel short The questionnaire gave us ·a broad overview Texas town, and two groups from a medium of the way nurses in Texas perceive the work sized hospital in a large west Texas city. age or whether it is in the wake of a mal of nurses; the interviews and conference lent The conference of health care experts was distribution of nurses and practitioners. depth to the necessarily statistical findings arranged to generate innovative and practical Regardless, i·t is a problem the Federal from the questionnaire. In a sense, tbe dSita ideas for attracting nurses back into the Government helped to create by subsi from the questionnaire add to the stock work force; using the Nominal Group Tech dizing health manpower training cate pile of inform•ation about nurses' percep nique, the meeting yielded more than 150 gories to the detriment of the nursing tions of the job of nursing; those from the suggestions. profession, and it is something those of interviews add to the raw materials for un The following are samplings of comments derstanding nurses' feelings wbout patient elicited during the interviews grouped with us charged with legislative health re ca.re and about opportunities for profession some of the suggestions from the conference. sponsibility must work to help solve very al practice. The findings show that nurses The data are categorized by employment fac early on in the life of this Congress. leave nursing and remain outside the work tors which seemed important to registered This is the principal reason why I force because of conditions in the job set nurses in Texas. scheduled a March 17 hearing on nursing ting that interfere wl-f:lh the practice of nurs STAFFING education to accompany the matter of ing. Staftlng problems relate to overload and health professions' education during its QUANTITATIVE DATA overwork. Nurses worry about whether they reauthorization hearing in the Commit The questionnaire collected de~riptlve data have completed all necessary things; they tee on Labor and Human Resources. It to provide basic information on the supply feel guilty about not having been able to is an enormous problem, and the ques of registered nurses in Texas. The findings give adequate and complete care. tion of monev is only part of it. In order were not surprising. For example, Blacks and Interviews to acquaint those of my colleagues less Hispanics are underrepresented among li When overload reaches a point and con familiar with nurses' special plight, I censed nurses, child care responsib111ties tinues for weeks with no support or relief, ask that the article, "Why Nurses Leave were related to both initial and continued and nurses cannot give safe, adequate care, withdrawal from the work force, and thP. a nurse will leave. Her conscience will not Nursing and What Can Be Done About mean annual salary range was from $14 000 allow her to remain in the situation. It," appearing in the January 1981 issue for nurses with fewer than five years' experi Nurses need time to provide care beyond of the American Journal of Nursing be ence to $18,100 for nurses with 40 years' ex minimal physical necessities. They want to included in the RECORD. This is not a perience-a salary increment of $100 per provide teaching, emotional support, dis problem of secondary importance. It is year. charge planning with the patient. a major health care crisis which all of The questionnaire asked for opinions from A part of the overload for nurses in patient us are obliged to help solve during this both employed and unemployed licensed reg care is the need to interact with so many 1st session of the 97th Congress. istered nurses about a variety of factors asso other services. These services request assist The article follows: ciated with the job of nursing. The employed ance from nursing and expect that nurses nurses were asked to rate the importance o"" wlll do things for them just because the WHY NURSES LEAVE NURSING AND WHAT CAN each factor and then to rate how satisfied nurse is there. Besides the extra work, there BE DoNE ABOUT IT they were with that factor in their present is the need for the nurse to pay attention to (By Mabel A. Wandelt, Patricia M. Pier.ce, job. Unemployed nurses were asked to rate a heavy input from various sources in re and Robert R. Widdowson) • the same items by the importance of each quests for kinds of actions that she must "As they said in the book 'Nurse,' it's a item in infiuencing them to leave nursing take and decisions that he must make. wonder nobody died." and then to rate the importance of each Nurses do not like to be pulled because item In keeping them out of nursing. they know that they are leaving their own •Mabel A. Wandelt, R.N., Ph. D., is direc The rank order of the 10 job condition~; unit short staffed. There is an occasional tor of the Center for Resea.roh a;t the Sohool with which the largest percentage of em time when they plan that with full stamng of Nursing, Un-iversity of Texas at Austin. ployed nurses were dissatisfied was as fol they w111 be able to do some of the nice and She was principal investigator of the study lows: extra things for patients, but then they get "Conditions Associated With Registered 1. Ava1lab111ty of adequate salaries on duty and one is pulled to another unit. Nurse Employment in Texas," reported here. 2. The amount of paper work So they are again under pressure of short Her coauthors, both of whom were members 3. Support given by the administration of stamng on their own unit, and the one who of the study team, are doctoral candidates the fac111ty has to go to the other unit has the uncom at the University of Texas, Austin. Patricia. 4. Opportunity for continuing education fortable feeling of not being able to give safe M. Pierce, R.N., M.S.N., 1s in nursing; Robert 5. Adequacy of laws regulating the prac and adequate care. R. Widdowson, in biochemistry. The study tice of nursing in Texas Ideas. was requested by the Texas Senate Special 6. Support given by nursing administra Agencies could use short shifts-four to Committee on Delivery of Human Services. tion six hours. Nurses could come in specifically 3304 CONGRESSIONAL RECORD-SENATE February 27, 1981 to provide tor some special patient care health education, care of children, the handi reach a decision that will allow her to re neeas~.g., pre-op teaching, 5 to 9 p.m., capped, the mentally retarded, the aged; main in nursing and to be satisfied with discharge planning, 11 to 3 p.m.; instructions they do not really know about nur&,es' work the decision. about diagnostic tests, 3 to 7 p .m.; recovery in hospitals, clinics, doctor's offices, schools, Ideas room care, 12 to 6 p.m.; etc. industry, the community, the military, the Establish a quality assurance program with Nurses on the unit should be encouraged Veterans Administration, etc. evaluation of individual nurse performance to plan staffing, including collaboration with There should be clinical supervisors who as one component of the program. Plan the hospital pool of part-time employees. can serve as role models for nurses in pa recognition and awards for outstanding per Part-time staff could be offered all inserv tient care. Supervisors need to have con formance and continued high-quality pa ice opportunities provided to full-time staff tinuous updating in patient care, not only tient care. to attract nurses who e.re interested in main in administrative tasks. They need to focus The rewards into the personal value system taining knowledge and skills. on the quality of care rather than on the of the professional, and use the satisfaction Establish a. pool from the facilities of nurs quantity; this does not necessarily mean that comes from providing care of exemplary ing schools which could provide part-time more paper work but that nursing care plans quality. Use merit awards related to profes employees during the school year and full are needed for the care of the individual pa sional growth and pride-e.g., travel and time employees during holidays, vacations, tients. Nursing supervisors should help costs for continuing education on agency and summers. nurses understand this. time, educational leave, journal subscrip PROFESSIONALISM Nurses should be allowed to plan for their tions, new books for nursing unit, paid time Nurses believe that the tasks they perform own coverage. They should be provided an off for course work, etc. constitute a. meaningful part of health care adequate staff, and then that staff should be QUALITY OF CARE: A TALE OF TWO HOSPITALS responsible for all nursing care for all pe delivery. Regardless of whether a. student at In this study, nurses portrayed hospitals tends a. four-year baccalaureate program, a riods of time on a particular unit. This yields a situation of peer collaboration and of major contrasts. two-year associate degree program, or a three In some hospitals, there is little or no in year hospital diploma program, the nursing peer pressure. Nurses in these circumstances tegration of structural elements with the care plan is emphasized as an integral part do not call in sick, nor do they take extra process of nursing care. Almost all condi of the total therapeutic regimen. holiday time, and they do take a fair share tions that distress nurses exist: being pulled of weekend work. In this situation, if you Interviews to work on unfam111ar units; rotation or call in, you know that a. friend has to cover shift more frequently than once a week; pro Physicians should pay attention to nurses' for you-it becomes very personal. Also, in input into planning for patient care. The longed assignments on undesirable shifts; these circumstances, there develops a. very infrequent weekends off; short staffing and nurse has her own care to contribute, not personal pride in the care provided. There just doing what the doctor says. The doctor overtime at the end of shift; absence of is more discussion among nurses about the recognition for a. job well done; time to and the nurse plan together so that the con care needs of patients and the possib111ties tribution of each can blend to the benefit of provide only the barest necessities of physical of improving practice. care for patients; oeing expected to perform the patient. Nursing is not a service for the Ideas doctor; rather it is a service for patients. non-nursing tasks that are responsib1lities A part of the support and encouragement Establish primary care with all RN staff of other disciplines; lack of autonomy in from supervisors and administration would on all units in the hospital. Nursing serv planning and implementing nursing care; low be to encourage nurses to have an active ice should identify a specific nursing theory salaries; lack of salary diherence for qualifi role in planning for changes and in planning that wlll serve as a base for the content and cations, shifts, longevity, performance, or all aspects of nurse involvement in the nurs quality of care provided throughout the hos overtime; and many others. ing care program. Administrators need to pital. Nurses in each decentralized unit The nurses employed in these hospitals re listen to the ideas of staff nurses and to en would hold responsibility and accountabil port that they like nursing, that they know courage nurses to develop their ideas and ity for the quality of care provided. They how to give good nursing care, and that they try some changes that they really believe would plan for staffing in terms of numbers want to give good care. In almost the same wlll improve conditions for patient care. needed on particular shifts and in relation breath they rush to describe the only care to time off. it is possible for them to give and their feel Ideas Allow RNs to write nursing prescriptions ings about it. They tell of specific situations Have a staff nurse serve on all committees or orders for nursing portions of the order in which they know that a patient was not making policy about patient care and per sheet. Legalize nurse progress notes and receiving needed eare. They think of quitting, sonnel matters. Provide information for all nursing orders. but then they think of the patients and the nurses about committee activities and assist Nursing management and hospital man other nurses, and that it will be worse for nurse members in developing knowledge and them if they leave; so they stay. skills needed for entering fully into activities agement should encourage self-scheduling by These nurses are confident in their ab111- and planning of the committee. On-duty time nurses, charging them with accountability ties. They are ashamed of their practice, wor should be provided for committee participa appropriate to the responsibility. A hos ried about their patients, fearful of errors tion. pital accounting system should be estab that may be made, and discouraged. These A Joint Practice Committee could be estab lished wherein the cost for nursing service nurses are working in hospitals with inade lished to act as a grievance board to handle is identified, and nurse salaries should be quate staffing where conditions that would disputes between the professions and to offer paid according to a reasonab1 e fee-for-serv attract more nurses are lacking. appropriate counseling. The chairmanship of ice determination. Nurse directors should be responsible for managing .the nursing b"dg But there are a. few hospitals in which the committee could be alternated between nurses paint a very different picture. Each nurse members and physician, members. et and allowed to utilize non-traditional ways of delivering nursing care. unit has a staff of registered nurses with two AUTONOMY or three assisting staff, all under the charge Do a job analysis of various nursing sta of a head nurse. The head nurse has at least As licensed professionals, nurses expect to tions or assignm,ents; rate them for com be able to exercise some discretion and choice a baccalaureate and frequently holds a mas plexity. Develop a. career ladder from simple ter's she bears full responsibUlty for the unit, over work methods. Yet, nurses report that to complex and use part-time nurses for the they seldom asked to participate in hospital including hiring of personnel. All nursing least complex stations. Develop a wage scale care is provided by registered nurses; the policy decisions. This inability to exercise that correlates with the complexity of the control over their clinical practice produces job. assisting staff fulfill secretarial, messenger, feelings of career stagnation. supply, patient transportation, and commu FEEDBACK nication activities. The assigned sta1f plan Interviews Nurses need to have occasional recognition for total coverage of the unit, shifts, days off, There needs to be collaboration among the for a job well done. They need a. timely "pat holidays, etc. total health care team. There should be on the back" and not only negative evalua On these units, primary nursing is prac mutual respect and a mutua} goal to improve tions. ticed. Each nurse has three or four patients care. There should be awareness by all, in Interviews for whom she is responsible; she and a. sec cluding nurses themselves, of the contribu Patients and families appreciate nurses, ond primary ~re nurse share the responsi tion of a. nurse to the total care of the but supervisors and administration give in b111ty for care of their patients on days off. patient. frequent recognition of a job well done. Nurses on evenings and nights also have pri The public image of nursing needs to .be Supervisors should be alert to nurses' mary care assignments, so they have input improved-that is, the public needs to know needs and not always wait for the nurse to equal to that of the nurses on the day shift what nurses do. There should be TV com seek change; rather, they should, periodi into the total nursing care program of the mercials to recruit young persons to con cally and as indicated, counsel the nurse unit. sider a career in nursing. The public does about her feelings about herself, her in Planning for inservice education is done to not know what nurses do, the variety of terests, and her job. The counselor should be provide opportunities for meeting everyone's their work, the opportunity for mobility, prepared to offer the nurse various options learning needs. And a. shift differential en and nurses' contribution to society. They for assignments and opportunities for self sures that enough nurses choose to work the are unaware of nurses' involvement in car renewal; she should assist the nurse to con evening and night shifts so rotation is not a ing for the ill, health care and planning, sider various implications of change and to problem. There is collaboration among units February 27, 1981 CONGRESSIONAL RECORD-SENATE 3305 in the hospital and among nearby hospitals Proper functioning of a system as complex There is overwhelming evidence that what for educational programs, so that nurses have as modern health care requires an extremely nurses complain about and report as reasons a choice of opportunities to update their strong mechanism for measuring effective for leaving and staying out of nursing does knowledge and skills. Staff nurses may par ness. The quality of nursing care delivered exist; it is real. There is also evidence that ticipate in selected programs while on duty to the patient must rest on primary stand the distressful conditions need not exist. and may take advantage of additional pro ards by which proper functioning of the sys Where they do not exist, there is no shortage grams on their own time at no cost. Tuition tem is evaluated. If the process of nursing is of nurses, and nurses judge the quality of anci fees are paid for continuing education, not providing high quality care to patients, care provided patients to be good. workshops, and courses taken for credit in then the structure within which that process Nurses are concerned about the quality of degree programs. operates must be reevaluated. care they are able to render patients; when A quality assurance program provides eval Evaluation should begin by defining each quality is compromised because of the work uations of the quality of care provided pa aspect of nursing care with enough precision environment, nurses become dissatisfied tients and of performance of individual to identify objective standards of perform with the job of nursing. nurses. Salary increases are tied to perform ance. A system of quality assurance could Nurses in either stressful or satisfying sit ance. Nurses may have input into all policies relieve many of the job conditions that uations identify support by nursing service affecting nursing practice, patient care, or nurses find distressful. Institutionalization of administration and clinically competent personnel benefits. Nurses share planning for a complete program would necessarily in nurse supervisors as keys to quality of con patient care with physicians, pharmacists, volve all nurses in evaluating the quality of ditions of work and the care provided nutritionists, and other health care disci care provided patients and in identifying the patients. plines, and take part in decisions about pa program's strengths and weaknesses and the Concerted efforts are needed by hospital tient discharge or movement to another care nurses' learning and skill development needs. and nursing administrations to grant auton unit. A quality assurance program is a natural omy and recognition to staff nurses. The There are no shortages of nurses in these process for initiating staff nurse involvement description of nurses working and not work hospitals. Nurses are happy in their posi in assessment, planning, and development; ing in this report derive from what nurses tions; they have confidence in the quality of in policy and practice changes; in imple think, feel, and believe about the job and care that they are providing and that their mentation of programs; and in processing re professional practice of nursing. Those who patients are receiving. views for accounting for quality of both prac seek to attract nurses into the work force PROBLEMS AND SOLUTIONS tice and care received by patients. would do well to attend to what nurses Conditions in the structure of the hospital In hospitals where nurses are dissatisfied themselves are saying.e organization often inhibit the process of pro because of limitations in the amount of in fessional nursing. A conflict results because put and influence they have in matters of nurses perceive themselves as professionals concern to themselves and to the patient care POLLUTION CONTROL FINANCING engaging in nursing practice while adminis program, the introduction of a quality assur ACT OF 1981-S. 580 tration views them as employees carrying out ance program would allow them to become the job of nursing. involved in matters with which they are most e Mr. RIEGLE. Mr. President, I am As Henderson defines nursing practice: familiar and in ways in which they would pleased to support the Pollution Control "The unique function of the nurse is to as feel most competent to contribute. From the Financing Act of 1981, S. 580. My col sist the individual, sick or well, in the per beginning, with a quality assurance program, league from Michigan has already out formance of those activities contributing to nurses could move to participation in assess lined the thrust of the act. I do not want health or his recovery (or to peaceful death) ment, planning, development, and decision that he would perform unaided if he had the making at all levels of program functioning to repeat those points, but I do want to necessary strength, will, or knowledge. And within the hospital. add emphasis to the need for this to do this in such a way as to help him gain Staff nurses can assume a large responsibil legislation. independence as rapidly as possible".1 ity for changes in situations that cause dis There has been a great deal of talk The nursing job encompasses nursing prac tress. They need to document episodes of un about the effect of Government regula tice, but it also includes setting the work safe or inadequate care in specific detail, schedule, coordination of patient activities; tion on business growth. I recognize the particularly when job conditions are respon problems here. In fact I have partic and interactions with other departments, sible. visitors, new employees, and students. The Head nurses should take the lead in or ipated in the debate as an advocate for data show that nurses are dissatisfied with ganizing such documentation. Staff can also intelligent regulation. Certainly we need employment when job conditions do notal outline, for administration, plans for change to protect our environment. Efforts to low them to administer professional nurs and offer to be involved in implementing the preserve our air, water, and other nat ing care to patients. These conditions are due plans. Proposals should include a rationale, ural resources need to be a continuing to hospital policies and administrative atti precise steps for implementing a plan, and tudes that fail to accommodate the follow national priority. a way to evaluate its impact. These are goals that benefit all of us, ing professional prerogatives: Nursing education has a responsibility to Autonomy of practice and respect for the but meeting pollution control require judgment of the professional. provide educational programs that will ac commodate registered nurses who wish to means costs money. The demands on the Determination of standards of quality of resources of a small business are signift care and determination of staffing needs and update their own formal education. Also, work schedules to achieve the standards. nursing faculty need to recognize staff cant and the SBA's pollution control fi Educational programs and support (finan nurses for the experts that they are and nancing guarantee program does a good cial and time) for updating knowledge and allow them greater interaction with stu job of helping businessmen meet those skllls. dents. demands. If nurse educators were to involve staff Participation with full vote in establish Mr. President, SBA involvement is lim ing policy related to patient care, personnel nurses as mentors for students, the students benefits, and working conditions. could learn the practice of nursing in the ited to guaranteeing the repayment of Work responsibilities that are nursing re context of the job of nursing. Nurse educa loans for installing pollution control fa lated, with elimination of requirements for tors must assume responsibility for initiat cilities and equipment, but demand for nurses to perform tasks that are the respon ing action; they must invite collaboration this program has increased. In the cur sibility of other services. with administration and staff nurses to al rent fiscal year, $49 million in guarantees Recognition and personnel benefits com low more opportunity for student practice have already been committed. Another parable to those accorded other health care in the nursing units. Nursing faculty members need to main $85 million in requests are pending from professionals. firms which SBA considers to be worthy Failure to recognize these professional tain their clinical skills and encourage stu prerogatives creates a disparity between the dent nurses to consider direct patient care applicants. Yet we are barely a third of nurse's job expectations and the nursing care in a hospital setting as a long-term career, the way through the fiscal year and the rather than a stepping-stone to a different guarantee level for fiscal year 1981 is now that can actually be provided within the hos career. pital structure. Responsibility for integrating $110 million. The legislation before us the elements of job-related factors and pro Nursing service administration, registered staff and head nurses, and nurse educators increases it to $250 million. fessional practice lies with both hospital and can all take action to improve job conditions No new appropriation will be needed nursing administrations. But nurses report and promote professional nursing practice. to increase the guarantee levels here. In that a major area of dissatisfaction is ad There must be collaboration and compro ministrative support. This is a misunder fact, the program has been a money mise among these three groups to effect maker. Over $11 million in guarantee standing of the most fundamental nature, work conditions conducive to providing good one that has major impact on whether nurses nursing care for patients. fees have been collected and $58,000 has are satisfied with their jobs and satisfied with To summarize, nurses who leave nursing been made in interest on funds invested. the care they provide to patients. and choose to remain outside the work When the program began in 1976, Con gress appropriated $15 million for a re 1 Henderson, V. The nature of nursing AJN force do so because of work conditions 64:62-68, Aug. 1964. ' which interfere with the practice of profes volving fund and since that time we have sional nursing. had only 1 default out of 171 guarantees. 3306 CONGRESSIONAL RECORD-SENATE February 27, 1981

In conclusion Mr. President, it is t~e ernment of any political stripe and especially report a measure or matter from the Com proper role of Government to assi~t not when that abuse occurred on the streets mittee, such a motion shall also require the small business in this instance. SBA esti of Washington.e concurrence of a majority of the members who are actually present at the time such mates that 80 percent of the loan guar action is taken. antees are made to firms install~ng pol RULES OF PROCEDURE OF THE The committee may poll any matters of lution control equipment reqmred by COMMITTEE ON LABOR AND HU Committee business as a matter of unani Government regulation. Yet the demand MAN RESOURCES mous consent; provided that every member for the program is outpacing the J?r~ is polled and every poll consists of the fol gram levels. Bearing in mi~d that this IS • Mr. STAFFORD. Mr. President, rule lowing two questions: an efficient and cost-effective program, I 26 of the Standing Rules of the Senate ( 1) Do you agree or disagree to poll the ask my fellow Senators to join u~ in S';IP requires that each committee of the Sen proposal; and port of the Pollution Control Financmg ate adopt and publish its rules not later (2) Do you favor or oppose the proposal. than March 1 of each year. Rule 7.-There shall be prepared and kept Act of 1981.• a complete transcript or electronic recording On February 25, the Committee on La adequate to fully record the proceedings of bor and Human Resources adopted rules each Committee or subcommittee meeting or CODDLING CHILEAN TERRORISM of procedure governing committee activ conference whether or not such meetings or e Mr. KENNEDY. Mr. President, earlier ities for the 97th Congress. On behalf of any part thereof is closed pursuant to the this week I expressed my strong opposi Chairman HATCH and the other members specific provisions of subsections (b) and tion to the administration's decision to of the committee, I submit for printing (d) of Rule 25.7 of the Standing Rules of in the RECORD the rules of procedure of the Senate, unless a majority of said mem seek closer ties with the Pinochet regime bers vote to forgo such a record. Such records in Chile, despite its refusal to extradite the Committee on Labor and Human shall contain the vote cast by each member Chilean intelligence officers indicted by Resources. of the Committee or subcommittee on any an American grand jury for conspiracy The rules are as follows: question on which a "yea and nay" vote is to murder a former Chilean foreign min SENATE COMMITTEE ON LABOR AND HUMAN demanded, and shall be available for inspec ister Orlando Letelier, and his American RESOURCES tion by any Committee member. The Clerk on the streets of Washington. (ORRIN G. HATCH, Chairman) of the Committee, or the Clerk's designee, asso~iate shall have the responsib111ty to make appro This move comes in complete contradic RULES OF PROCEDURE (AS AMENDED FEBRUARY 25, priate arrangements to implement this Rule. tion to the administration's emphasis on 1981~ Rule 8.-The Committee, and each sub combatting international terrorism. Rule 1.-Unless the Senate is meeting at committee, shall undertake, consistent with Mr. President, the Boston Globe pub the time, or it is otherwise ordered, the Com the provisions of section 133A of the Legis lished an important editorial protesting mittee shall meet regularly at 10:30 a.m. on lative Reorganization Act of 1946, as this decision on February 25, I request the fourth Thursday of each month in room amended, to issue public announcement of 4232, Dirksen Senate Office Building. The any hearing it intends to hold at least one that the text of this editorial be printed Chairman may, upon proper notice, call such in the RECORD. week prior to the commencement of such additional meetings as he may deem neces hearing. The editorial is as follows: sary. Rule 9.-The Committee or a subcommit CODDLING CHILEAN TERRORISM Rule 2 .-The Chairman of the Committee tee shall, so far as practicable, require all It is no surprise that the Reagan Adminis or of a subcommittee, or if the Chairman is witnesses heard before it to file written state tration seeks closer ties with rightist govern not present, the ranking Majority member ments of their proposed testimony at least ments than its predecessor viewed askance. present, shall preside at all meetings. 24 hours before a hearing, unless the Chair Many in key foreign policy posts have long Rule 3.-Meetings of the Committee or a man and the ranking Minority member de made clear their willingness to abide mill tary subcommittee, including meetings to con termine that there is good cause for failure rule, particularly in Latin America, in return duct hearings, shall be open to the public to so file, and to limit their oral presenta for stability and adamant opposition to forces except as otherwise specifically provided in tion to brief summaries of their arguments. on the left. However, the Administration's subsections (b) and (d) of Rule 25.7 of the The presiding officer at any hearing is au early decision to ease sanctions against Chile Standing Rules of the Senate. thorized to limit the time of each witness is both disturbing and surprising. Rule 4.- (a) Subject to paragraph (b) , appearing before the Committee or a sub Sanctions were imposed by the Carter Ad one-third of the membership of the Commit committee. The Committee or a subcommit ministration in November, 1979, after the tee, actually present, shall constitute a quo tee shall, as far as practicable, ut111ze testi Pinochet government refused to extradite two rum for the purpose of transacting business. mony previously taken on bills and meas former Chilean intelligence officers indicted Any quorum of the Committee which is com ures similar to those before it for consider by an American jury for conspiring to murder posed of less than a majority of the mem ation. a. former Chilean official and an associate in bers of the Committee shall include at least Rule 10.---should a subcommittee fall to Washington in the fall of 1976. one member of the Majority and one mem report back to the full Committee on any Those murders, of one-time Chilean For ber of the Minority. measure within a reasonable time, the Chair eign · Minister Orlando Letelier and Ronni (b) A majority of the members of a sub man may withdraw the measure from such Moffett, constitute the most onerous act of committee, actually present, shall constitute subcommittee and report that fact to the international terrorism committed within the a quorum for the purpose of transacting full Committee for further disposition. borders of the United States in recent years. business: provided, no measure or matter Rule 11 .-No subcommittee may schedule From the testimony of others who have been shall be ordered reported unless such major a meeting or hearing at a time designated tried in the case-and convicted-there can ity shall Include at least one member of the for a hearing or meeting of the full Com be little doubt that ultimate responsibility Minority who is a member of the subcom mittee. No more than one subcommittee ex for the murders rests in Chile. mittee. If, at any subcommittee meeting, a ecutive meeting may be held at the same By refusing to extradite the two former in measure or matter cannot be ordered re time. telligence officers, one a close associate of ported because of the absence of such a Min Rule 12 .-It shall be the duty of the Chair Chilean President Augusto Pinochet, Chile ority member, the measure or matter shall man in accordance with section 133 (c) of the impugned the integrity of the American ju lay over for a day. If the presence of a mem Legislative Reorganization Act of 1946, as dicial system. In going along with Chile, the ber of the Minority is not then obtained, a amended, to report or cause to be reported Reagan Administration seems to be taking a majority of the members of the subcommit to the Senate, any measure or recommenda soft line against an outburst of international tee, actually present, may order such meas tion approved by the Committee and to take terrorism. ure or matter reported. or cause to be taken, necessary steps to The Administration has now lifted two (c) No measure or matter shall be ordered bring the matter to a rote in the Senate. sanctions imposed on Chile-a ban on Ex reported from the Committee or a subcom Rule 13.-Whenever a meeting of the Com port-Import Bank financing for US-made mittee unless a majority of the Committee mittee or subcommittee is closed pul'SIUant or subcommittee is actually present at the to the provisions of subsection (b) or (d) products sold to Chile and exclusion from time such action is taken. annual joint exercises by US and Latin of Rule 25.7 of the Standing Rules of the American naval forces in the Pacific. Rule 5.-With the approval of the Chair Senate, no person other than members of man of the Committee or subcommittee, one The moves are particularly puzzling in the Committee, members of the staff of the member thereof may conduct public hearings Committee, and designated assistants to light of Secretary of State Haig's declaration other than taking sworn testimony. at his first formal press conference that "in members of the Committee shall be per ternational terrorism will take the place of Rule 6.-Proxy voting shall be allowed on mitted to attend such closed session, except human rights in our concern because it is all measures and matters before the Com by special dispensation of the Committee or the ultimate abuse of human rights." mittee or a subcommittee if the absent mem subcommittee or the Ohairman thereof. ber has been informed of the matter on Rule 14.-The Chairman of the Committee The Administration ought not be giving which he is being recorded and has affirma or a subcommittee shall be empowered to the impression that it will tolerate the "ul tively requested that he be so recorded. adjourn any meeting of the Committee or a timate abuse of human rights" by any gov- While proxies may be voted on a motion to subcommittee if a quorum is not present February 27, 1981 CONGRESSIONAL RECORD-SENATE 3307 within fifteen minutes of the time scheduled in their household, on a form approved by The article follows: for such meeting. the Committee Which shall be sworn to as to ON BILLBOARDS Rule 15.-Whenever a bill or joint resolu its completeness and accuracy. The Commit· tion repealing or amending any statute or tee form shall be in two parts- (By Nelson Price) • part thereof shall be before the Committee (!) information relating to employment, They loom large and tall along American or a subcommittee for final consideration, education and background of the nominee roads, yelling their messages in capital let the Clerk shall place before each member of relating to the position to which the indi ters: MUFFLERS FIXED, SEE INJUN JOE the Committee or subcommittee a print of vidual is nominated, and which is to be made WRESTLE THE ALLIGATOR, HAPPINESS the statute or the part or section thereof to public; and HOTEL-2 EXITS A WAY, SMITH DESERVES be amendej or replaced showing by stricken (II) information relating to financial and YOUR VOTE, TRY OUR HOT AND JUICY through type, the part or parts to be omitted, other background of the nominee, to be made BAR-B-Q. With just as much force and and in italics, the matter proposed to be public when the Committee determines that fervor, the owners of the nation's billboards added. such information bears directly on the nom have been, for more than 20 years, fighting Rule 16.-An appropriate opportunity shall inee's qualifications to hold the position to government efforts to clean up roadways. be given the Minority to examine the pro which the individual is nominated. Outdoor advertisers encountered their btg posed text of Oommittee reports prior to Informat ion relating to ba-ckground and gest setback so far in 1-965 with the passage their filing or publication. In the event there financial interests (Part I and II) shall not of the Highway Beautification Act. But now are supplemental, minority, or additional be required of (a) candidates for appoint that act, which has periodically been amend views, an appropriate opportunity shall be ment and promotion in the Public Health ed and diluted since its adoption, may be given the Majority to examine the proposed Service Corps; and (b) nominees for less toppled completely before even half the signs text prior to filing or publication. than full-time appointments to councils, it finds nonconforming have been removed. Rule 17.-(a) The Committee, or any sub commis: ions or boards when the Committee The U.S. Department of Transportation is committee, may issue subpoenas, or hold determines that some or all of the informa conducting a study to determine whether hearings to take sworn testimony or hear tion is not relevant to the nature of the posi the program is worth maintaining. The in subpoenaed witnesses, only if such investi tion. Information relating to other back vestigation, which has included a series of gative activity has been authorized by ma ground and financial interes'ts (Part II) shall public hearings throughout the country and jority vote of the Committee. not be required of any nominee when the the establishment by then-Transportation (b) For the purpose of holding a hearing Committee determines that it is not relevant Secretary Brock Adams of a 25' member "blue to take sworn testimony or hear subpoenaed to the nature of the position. chip" committee, probably won't be com witnesses, three members of the Oommittee Committee action on a nomination, in pleted until next spring-"and even that's a or subcommittee shall constitute a quorum: cluding hearings or meetings to consider a very, very optimistic prediction," according provided, with the concurrence of the Chair mot ion to recommend confirm3.tion, shall not to Richard Moeller, the Federal Highway Ad man and ranking minority member of thE' be initiated until at least five days after the ministration's overseer of the act. Committee or subcommittee. a single mem nominee submits the form required by this In the meantime, enforcement of the ber may hear subpoenaed witnesses or take rule unless the Chairman, with the concur Highway Beautification Act's provisions sworn testimony. rence of the ranking minority member, varies widely from state to state, and back (c) The Committee may, by a majority waives this waiting period. up federal funding has dipped while "Lady vote, delegate the authority to issue sub Rule 19.--subject to statutory require Bird's bill"-as it is commonly called be poenas to the Chairman of tbe Committee or ments imposed on the Committee with re cause Mrs. Lyndon Johnson considered 1t a subcommittee, or to any member designated spect to procedure, the rules of the Commit her special project--sits in limbo. by such Chairman. Prior to the issuance of tee may be changed, modified, amended or The Transportation Department investi each subpoena, the ranking minority member suspended at any time: provided, not less gation will recommend that the federal gov of the Committee or subcommittee, and any than e. m3.jority of the entire membership so emmen t select one of three options: other member so reauestin~. shall be notified determine at a regular meetdng with due strengthen the Highway Beautification Pro regarding the identity of the person to whom notice, or at a meeting specifically called for gram; scuttle it altogether; or, as Moeller it will be !~sued and the nature of the infor that purpose. put it, proceed "with the status quo.'' mation sought and its relationship to the Rule 20.-In addition to the foregoing, the Because post-1965 amendments so twist authorized investigative activity, except proceedings of the Committee shall be gov the intent of the act, some supporters of the where the Chairman of the committee or erned by the Standing RvJ.es of the Senate original legislation now favor abandoning it. subcommittee, in consultation with the rank a.nd the pro·visions of the Legislative Reorga Senator Robert F. Stafford (R-Vermont), ing minority member, determines that such nization Act of 1946, as amended.e whose state has been one of the six best in notice would unduly impede the investiga terms of sign removal, has introduced a bill tion. All information obtained pursuant to (S 344) that would make state compliance such investigative activity shall be made CHAIRMAN STAFFORD'S LEADER with the program voluntary. His aim is to let available as promptly as possible to each SIDP IN THE FIGHT TO REMOVE states and local government units enforce member of the Committee requesting same, HIGHWAY BffiLBOARDS FROM their own beautification policies instead of or to any assistant to a member of the Com COSTLY FEDERAL REGULATIONS having to comply with some of the recent mittee designated by such member in writ amendments of the national act, which he ing, but the use of any such information is • Mr. LEAHY. Mr. President, a recent considers to have failed. subject to restrictions imposed by the Rules issue of Sierra contained a very interest The amendment that most enrages oppo of the Senate. Such information, to the ex ing article, "On Billboards." This article nents of neon jungles and billboard alleys tent that it is relevant to the investigation discussed the history of the Federal bill is a 1978 addition regarding the payment of shall, if requested by a member, be summar board removal program, noting that re whose signs are removed, even under local ized in writing as soon as practicable. Upon ordinances. The amendment specifies that the request of any member, the Chairman of cent amendments "to twist the intent of the federal government will fund 75% the Committee or subcommittee shall call an the act" have made the program un of the compensation, with the state or city executive session to discuss such investiga workable. These same amendments have government being forced to foot the re tive activity or the issuance of any subpoena also driven the program's cost to the mainder of the bill. The net result, as many in connection therewith. taxpayers into the billions of dollars. see it, is a financial windfall for the sign (d) Any witness summoned to testify at a Frankly, this is unacceptable. We must owners. The amendment is expected to in hearing, or any witness giving sworn testi find a way to return this program to its hibit many cities from clamping down on mony, may be accompanied by counsel of his original intent--to beautify our high their sign-infested downtowns, which, as a own choosing who shall be permitted, while New York industrial designer once said, re the witness is testifying, to advise him of his ways-or to return it to State control. semble "cocktail parties in low-ceilinged legal rights. The Sierra article notes the leadership rooms." (e) No confidential testimony taken or of my colleague, Chairman STAFFORD of For instance, this was pre-sign-ordinance confidential material presented in an execu the Committee on Environment and Denver of 1970: A two-mile stretch of South tive hearing, or any report of the proceedings Public Works, and his efforts to return Colorado Boulevard was marred by the flash of such an executive hearing, shall be made this program to State control. I support ing neon exhibited by go-go palaces, discount public, either in whole or in part or by way that effort, and I shall continue to do so. furniture stores and pancake houses. Some of summary, unless authorized by a majority signs were six stories tall, a.n one billboard of the members of the Committee or sub I hope that the Senate will act to accom stretched the length of a football field. The committee. plish this goal. Rule 18.-Presidential nominees shall sub Because of the need for Congress to •Nelson Price is a reoorter with the Jour mit a statement of their background and understand this issue, I ask that the nal-Gazette in Fort Wayne, Indiana. He is financial interests, including the financial article. "On Billboards," be printed in also a free-lance magazine writer with an interests of their spouse and children living the RECORD. interest in environmental issues. 3308 CONGRESSIONAL RECORD-SENATE February 27, 1981 city was quickly losing its Rocky Mountain it UglyviUe, began refurbishing its downtown rector of OMB, insisted that funding of splendor. Colorado State Bank even promoted busmess district. the Clinch River breeder reactor was a an "Endorse Denver's Beauty" campaign by The roots of national sign legislation ex test of "whether, as Republicans, we will sticking its message on billboards that ob tend back to a 1954 U.S. Supreme Court consistently adhere to • • • free-market scured the view of that very city. opinion by William 0. Douglas. "It is with views on energy policy • • • ."Yet the ad Then, through the efforts of housewives, in the power of the legislature," he wrote, environmentalists and some businesses, Den "to determine that the community should ministration budget proposes no reduc ver passed a sign ordinance and improved t,ts be beautiful." Included in the Federal Aid tion in Federal subsidies for the $3 billion appearance. Other cities 1n the state also Highway Act of 1958, which came out of Clinch River project. have enacted restrictive legislation; Boul Congress when Lyndon Johnson was Sen In light of the deep cuts proposed in der's law, which bans blllboards and places ate Majority Leader, were provisions allow the solar, coal, and conservation budget, strict limi·ts on wall and pole signs, serves ing states to receive bonus funds if they I hope that the administration will re as a model. initiated sign removal. Yet little was accom view its program and will insist that the In some municipalities, where progress has plished. In 1965, as president, Johnson nuclear industry bear its fair share of been slower or nonexistent, frustlrated resi announced the need for a. national beauti dents have taken upon themselves the burden fication act, saying, "It is in the best in the budget burden. Whatever our views of removing signs that pollute visually. In terests of neither the advertising industry on nuclear power, we should be able to the Colorado mountain community of Al nor the nation to permit a further decrease agree that the nuclear industry should lenspark, 56-year-old Maggie Walter, soon of our national beauty." not be given special subsidies, special known as "Chain Saw Maggie," became The Highway Beautification Act, which protection, or special privilege. a local heroine after she took her two chain prohibited billboards within 660 feet of Mr. President, I ask that my letter to saws and downed a 15-foot-hig'h billboard highways outside of commercial areas, was Mr. Stockman of February 23, 1981, and advertising a condominium project. She was passed by congressional representatives with Mr. Stockman's letter and memorandum charged with a misdemeanor felony, and the the words of Lady Bird Johnson ringing in sheriff's department confiscated her saws, but their ears: "Ugliness is bitt-erness, an erod of September 17, 1977, be printed in the that didn't stop admirers from selllng T ing force on the people of our land." RECORD. shirts bearing her nickname. However, outdoor advertisers quickly The material follows: In 1972, a group of Ann Arbor, Michigan, found a way to circumvent the act. They U.S. SENATE, high-school boys wit h chain saws felled more began erecting jumbo-sized signs just 6·61 Washington, D.O., February 23,1981. illegal billboards in a single night than years feet away from highways. The giant signs Hon. DAVID STOCKMAN, of federal administration had done. The boys proliferated to such an extent that the act D.irector, Office of Management and Budget, were appropriately charged with a felony. was amended in 1974 to extend the zone of Executive Office Building, Washington, Often, t he penalties set for states that have control to "the limits of visibility" of motor D.O. allowed nonconf orming billboards t o remain istf, outside urban areas. DEAR MR. STOCKMAN: I was quite disturbed have not been dished out. The amendment, however, contained in examining the recent budget cut proposa.ls The states that have complied most fully wording that set the precedent for sign to find that absolutely no cuts were proposed wit h t he act 's intent are Alaska, Oregon, owners to receive public money as a result in the nuclear energy budget. Other energy Vermont, Washington and Hawaii; the latt er of compliance with the program. The programs, solar conservation. and coal, have became a forerunner in the battle against amendment provided payment for the re been deeply cut. cit y and roadside blight by adopting strict moval of any sign lawfully erect ed-for ex On many different occasions, both you and cont rols, including bans on billboards, in ample, those put up next to a highway be President Reagan have emphasized the pri 1927 when t he islands were still a U.S. ter fore 1965. macy of the free market. This is the reason rit ory. Then, four years later, came the more you have given for many of the budget cuts According to the Transportation Depart. sweeping amendment that effectively pro that will exact the highest price in human ment study, which classified the country ac h ibits cities or states from forcing removal terms. And it is the rationale you cited when cording to regions, the Northwest (Alaska, through police· power unless compensation the Reagan Administration accelerated oil Idaho, Oregon and Washington) has by far is involved. As a result, state and city gov price decontrol, a policy which will cost the the best compliance record-an average of ernments are increasingly reluctant to · nation $200 billion and the consumers of 83 %-with the beautification act. In dis adopt or enforce sign laws-large outlays of Massachusetts $25 b1llion during this t ant second place is the Rocky Mountain and taxpayer money could be involved. decade. West ern Plains region, consisting of Colo What is the solution? Should the High What I fail to understand is why an Ad rado, Montana, North Dakota, South Dakota, way Beautification Act be injected with ministration that claims so deep a coiilliilit Utah and Wyoming, with an average 49 % new strength? ment to the free market in other areas continues to countenance vast federal sub compliance. The region of the country worst The Federal Highway Administration at sign removal has been the Southeast. sidies for the nuclear utllities. Especially The states of Alabama, Florida, Georgia, now is accepting public comment on the disturbing is the subsidy for the Clinch River matter. Letters can be sent to the FHA at Breeder Reactor project which you so force Kentucky, Mississippi, North and South Car 400 Seventh Street S.W., Washington, D.C. olina and Tennessee together average only fully opposed in a September 17, 1977, letter a 14% compliance rating. 20590 .• to your Republican colleagues, a copy of The performance of individual American which is appended. At that time, you called cities has been similarly erratic. The High FAffi SHARE OF BUDGET CUTS the $3 b1llion Clinch River project "totally way Beautification Act was int ended to serve FOR THE NUCLEAR INDUSTRY incompatible with our free market approach as an example for the drafting of local ordi to energy policy." nances. Some municipalit ies, however, seem e Mr. KENNEDY. Mr. President, in its In the same letter, you wrote that "the to pretend that it doesn't exist. An example $41 billion total of proposed budget cuts, precedent set by continuing the Clinch River is Seaside, Oregon, which has no local sign the Reagan administration has not pro project will be ... massive federal subsidies regulation at all, despite its presence in a posed to cut a single dollar of Federal to underwrite future national energy costs." state that, overall, has done well in billboard You concluded: "U (funding Clinch River) is removal. spending .for the nuclear industry. There a test of whether, as Republicans, we wlll is a sharp inconsistency between two ad Ironically, t he cities with the best track consistently adhere to ... free market views records for sign legislation often are resorts, ministration policies-on the one hand, on energy policy.... " too-but of a different sort. Subdued and the free-market approach applied in the Your Administra.tion faces that same test well-planned, these communities emphasize form of oil price decontrol at a cost to now. It is a test of the fundamental fairness Massachusetts consumers of $25 billion and the fundamental consistency of your the wonders of nature from which their program. An Administration that demands fame originates: The mountains, forests and in the 1980's; and on the other hand, big an end to CETA job training for unemployed bea~hes that color the landscape. Carmel, government, special-interest subsidies for workers in depressed industries and inner California, has effectively limited all signs the nuclear industry. There is a clear cities should not be advocating a breeder to small simple ones made of wood. contrast between the cuts in CETA job reactor project which involves, in your own In 1970, Aspen, Colorado, ordered all bill training for unemployed workers and words, "a large, uneconOIIllic subsidy"-a boards razed on approaches to the town inner cities, and lavish Federal assistance breeder project that is, in fact, nothing more and designated a "sign mall" area where bus for uneconomic nuclear power projects, than aCETA program for nuclear engineers. ines~es co?ld advertise-if their signs met If you regard a painful policy of decontrol specific s1ze regulations. The s~me year which are, in fact, nothing more than as right for the ordinary frunilies of New Montgomery County in Maryland banned CETA programs for nuclear engineers. England heating their homes, then surely it banners, moving signs and certain billboards· For example, in a 1977 letter to his Re is right that the multi-billion dollar nuclear and the city of Medina, Ohio, hurt by criti~ publican colleagues in the House of Rep industry should not receive the comfort of oism from a design consultant who called resentatives, David Stockman, now Di- excessive government spending. I hope that February 27, 1981 CONGRESSIONAL RECORD-SENATE 3309 when the final federal budget recommenda squad that has done so much damage to our whether 1990, 2020, or any point in between, tion is released, the nuclear industry will not situation already. It is not. Ironically, it is a is the appropriate date for the introduction be given special subsidies, special protection, test of whether, as Republicans, we will con of the commercial breeder. However, the and s;pecial privilege. sistently adhere to the free-market views on m.e.rket for advanced nuclear electric tech Sincerely, energy policy that we so forcefully advocated nologies (and indeed advanced energy tech EDWARD M. KENNEDY. during the debate on the energy bill earlier nologies of all types) is heavily influenced this session. by extensive Federal involvement in re MEMORANDUM: CONSERVATIVE ECONOMICS AND I hope that you will carefully consider the search, development, and demonstration. attached memorandum and vote in favor of In the present case, this Involvement 1s FREE MARKET PHILOSOPHY SAY "No TO THE CLINCH RIVER BREEDER PROJECT the Brown amendment to cut back tihe fund appropriate due to the unusual national ing for Clinch River. security Implications of civillan nuclear As a member of the Energy and Power With all best wishes, I am power e.nd due to the clear national economic Subcommittee, I worked to defeat the Ad Yours very truly, benefits which result from public financing ministration's National Energy Plan on the DAVE STOCKMAN, of research and development activities that grounds that it was anti-free market in near Member of Congress. would have prohibitively long pay-back pe ly every respect. riods in the private sector, especially in the Along with most of our Republican col risk-averting utility industry. leagues, I advocated decontrol 01! oil and THE MARKET CASE AGAINST THE CLINCH RIVER BREEDER PROJECT But development of energy technology op natural gas prices because I believe the mar tions should not be confused with their ket wm furnish additional supplies in I. URANIUM SUPPLY, DEMAND FOR ELECTRICITY, marketing and commercial introduction. An response to higher prices. I opposed bureau AND POWER COST: TWO NUCLEAR TECHNOLO essential principle of the market approach to cratically administered conservation pro GIES IN COMPETITION energy policy is that when the stage of com grams because I believe the free market is The issue of whether to continue heavy mercialization or near commercialization is the best means of achieving conservation. As federal subsidies to the Clinch River project reached, the market choice mechanism must prices rise, businesses, households, and other is fundamentally a question of energy costs, take over and development subsidies must energy users substitute lower cost factors not one of quantity or supply adequacy. largely end. Therefore, the only justification insulat ion, improved engineering etliciency, Clearly, we must make large additions to our for any continued funding of the Clinch Mld other capital improvement--for energy, electrical generating capacity between now River project is the hard economic judgment thereby lowering demand and costs. I also and early in the next century. Due to dwin that under foreseeable conditions, the market opposed the Administration's red-tape-rid dling fossil fuel supplies, an increasing share would select the breeder during the 1990's den coal conversion program. The market of this additional capacity must be nuclear. as the lowest-cost form of nuclee.r electric system wm lead to increased coal use by The market case against early breeder com power production. ut111ties and industry as the Btu cost of gas mercialization, as distinguished from the Adrvocates of the Clinch River project have and oil rises without the costly "help" of a anti-growth and anti-nuclear arguments, recently shifted their justification in an at Washington bureaucracy. does not deny either of these propositions. tempt to a;void this crucial test, a.nd are Until a few months ago, I assumed that But it does focus on a very specific and soft-pedalling the former argument tha.t the Clinch River Breeder project was a good important question regarding the appropri Clinch River is the first stage in an inte idea. It prOinised vast amounts of energy f!"ee ate choice of nuclear technologies and the grated commercialization program. But even from foreign control. But after a careful, timing of their introduction into the com a cursory review of the nature and scope of in-depth review of the economics of the proj mercial market. The question is, within the the timetable proposed by the Science Com ect, I have come to the conclusion that it is time frame under consideration-roughly mittee demonstrates that the Clinch River totally incompatible with our free-market the period from 1990 to 2010/ 15-which nu Project cannot be served from the overall approach t o energy policy. clear t echnology offers the prospect of ade timetable for early commercialization. The case for the Clinch River projeot and quate electric power production at the low The new argument is that the Clinch River early breeder commerclaliza.tlon has been est cost: the conventional light-water cooled project offers a kind of energy "insurance constructed almost without reference to the reactor or the proposed breeder-plutonium policy," or a scaled-up R & D option on principles that we applied in the earlier fuel cycle? which a commercialization choice can be energy debate. It ignores the dynamic re Either of these nuclear power variants made in the late 1980's-after the project source adjustment process that wm take can fill our electric needs. The question pre is in operation. But this argument ignores place in the energy ma;rket during the next sented by the Brown amendment is which economic and political realities. The Clinch three decades. As a result, it overstates fu will be the best bargain for the economy, River project wlll cost at least $2.7 billion. ture demand for electric power and under electric customers, and the Federal treasury. In conjunction with the other elements of states the expanded supgly of uranium that This question cannot be answered apart the breeder development program, it will will be genernted by higher .Prices. This lack from the dynamics of the marketplace and genere.te a vast industrial support and supply of market reference in the case for the its complex interaction of electric power de infrastructure among private companies en breeder obscures the clear cost advantage Off mand, uranium ore supply, and the compar gaged in all phases of reactor design, com sticking with conventional nuclear power ative capital and fuel cycle costs of the two ponent manufacture, and plutonium fuel over the next thirty years. The breeder ctlill technologies. cycle support. The development of this in not compete with existing nuclear tech No one has seriously argued that the frastructure is in fact one of the central goals nologies within the time frame contem breeder is competitive or ought to be added to our electric energy supply system so long of the project. plated by its advocates without continuing The notion that after the government and massive subsidies. as there is an adequate supply of low-cost uranium. Current figures indicate that the prive.te firms have invested billions of dollars The precedent set by continuing tJhe Clinch in developing a commercial breeder industry River project wm be one of increasingly capital cost of the breeder w111 be from $100 to $200 greater per kilowatt of capacity than infrastructure, it will somehow be easier to deeper government involvement in the devel make a decision on commercialization is ab opment, marketing, and commercialization for conventional light-water reactors. Sim ilarly, at current uranium prices, the once surd. All of the expenditures on the project of alternate energy sources and massive fed and Its Infrastructure will have become sunk eral subsidies to underwrite future national through fuel cycle of the conventional reac tor is also cheaper due to the high cost of investments. It would make no sense to write energy costs. Today it is the nuclear breeder off all of this investment and put the breeder lobby looking for a large, uneconomic sub separating, reprocessing, and refabricatlng spent reactor fuel, as required by the reactor on the shelf for two or three decades sidy. Tomorrow it will be the solar power until economic conditions become more fa gang, then the windmill freaks, and so on in breeder. a never ending stream of outstretched palms. However, at such time as our supply of vorable, should that be the conclusion of the clinch River test. What wlll happen is that As I said in my previous Dear Colleague, low-cost uranium is depleted and the price rises to levels perhaps three or four times the breeder will develop stlll greater institu I believe that government support for basic tional momentum. As difficult as the decision scientific research, laboratory experimenta above historic uranium prices, the compara tion, and pilot scale demonstrntions is a tive economics change. The breeder fuel to defer breeder commercialization is today laudable and appropriate policy. But govern cycle becomes cheaper because it does not in the face of clear e.nd convincing evidence, require fresh uranium ore. Eventually, these it wlll become still more difficu~t at the.. so ment should not become involved in the pro ca.lled "commercia.lization decis10n date in vision of subsidies for the commercialization fuel cycle savings more than off -set the of new energy technologies that cannot pass higher capital costs of the more complex the 1980's. the market test of competitiveness with al breeder reactor design and technology. Un What about the "insura.nce policy" argu ternatives on a price basis. The breeder re der these conditions the breeder variant ment? It may seem atmewhat fixed "new find" rate in adjacent and vanishing exploratory dr1lling produc that can be economically extracted from raw deposits o.r reservoirs within prevailing price tivity. The fact, however, is that even during ores increases. Thus even assumin~ that there ramges. Current ERDA estimates put these the last three years of demand-induced mar are no breakthroughs in enrichment technol urani'Um exte~ion reserves, the mos•t con ket instability, drilling productivity in the ogy, the proportion of useable fuel that can servative category of resource base ex low-cost reserve categories (under $30 per be extracted from raw uranium will rise over pansion, at 1.1 million tons. This, in com pound) has actually increased substantially. the next decades. binatdOIIl with what ha.~ prevLcrusly been indicating continuing with past trends. The biggest potential increase in extraction termed the prod'llction ·inventory, amounts ERDA currently places the potential re efficiency will come from new t~hnologies, to nearly 1.8 million tons of known re souree base, which includes both current however. These new processes promise to rad serve-,, a figure nearly equal to the life reserves and future discoveries, at 3.7 mil ically reduce the amount of U-235 left in the time supply requirements given above. lion tons-a level nearly twice that necessary tallings. The most promising new technology Unfortunately, advocates of early breeder to sustain the 350 gigawatt scenario devel- 3312 CONGRESSIONAL RECORD-SENATE February 27, 1981 oped above. But these are of necessity ex creased to $475 per kilowatt of capacity. tion levels to which the breeder fuel has been tremely conservative figures because they Thus, even after setting aside the 34 per exposed, will make the fuel more difficult to embody geologic data gathered by an indus cent increase in general price levels during process. The West Germans have reported try who3e exploratory activities have been this six year period, the real cost of light considerable difficulty in the handling of constrained by historic $10 per pound prices water capacity rose nearly 200 percent. fuel from high temperature gas cooled reac to the very lowest-cost uranium formations. The reason for the high rate of cost in tors on an experimental basis, which may well It is clear, however, that the breeder will creases for nuclear plants was primarily be an indication of the problems that will not be competitive at a uranium price below regulatory and contractor design changes to develop with breeder fuel. $75 to $100 per pound. Under these condi meet safety and environmental problems, The bottom line, then is quite clear. Due tions there is little doubt that as long-term though of course some of it is attributable to the inherent risk of nuclear technology, prices rise above the extremely low historic to the differentially high inflation rate of the and to strong public attitudes (increasingly levels additional geologic data will be construction industry in general. We simply embodied in regulatory policy) insistent upon gathered permitting a substantial expan did not know all there was to know about nearly absolute risk reduction, there is no sion of the potential resource base, and these facilities, however, and consequently basis for assuming "learning curve" cost re therefore, future uranium reserves and pro the regulatory mechanisms for internaliz ductions for new nuclear technologies. duction. ing costs in the plants resulted in the con The last decade of experience with the The final environmental impact statement tinual addition of new, unpredicted cost light-water reactor, which is an inherently on the breeder, for example, estimated that factors. less risky and less complex technology, has with the addition of hew geologic data de This process seems to be nearing an end demonstrated this unequivocally. Therefore, rived from increased search for higher-cost for the light-water cooled reactors. The the most reasonable assumption is that the deposits, the potential resource base at prices latest ERDA projections for the cost of build currently projected capital cost and fuel of $50 per pound is nearly 9 million tons ing reactors for delivery in the early 1980's cycle disadvantage of the breeder relative over four times the level necessary to sustain is $667 per kilowatt in 1976 dollars. This to conventional reactors will widen, rather the 350 gigawatt scenario. represents a rate of real increase of only than narrow. In that event, only drastic, VI. THE MAGNITUDE OF THE COST PENALTY FOR about 2 to 3 percent annually, well below highly improbable long-term changes in the BREEDERS: UNCERTAIN BUT GROWING the levels of the previous decade. The impli uranium market would make the breeder a competitive option. The third reason why the breeder will not cations of this stabilizing trend in the cost of conventional reactors for the competitive be commercially viable if introduced on the VII. CONCLUSION accelerated schedule proposed by the Science position of the breeder are enormous. The Under the following conditions the breeder Committee is that the current projected cost breeder has yet to go through any of the will not be competitive until well into the differences between breeders and conven licensing and development processes that next century: tional reactors, both for the capital cost of produced the great escalations in the cost of 1) Electric demand grows at only half the the plant and for the fuel cycle facilities, are building light-water reactors. Yet the In 1960's rate and the maximum share of year almost certain to widen in the years ahead. herently greater technological complexity of 2000 capacity required to be filled by nu the ·breeder, the large number of materials When the Clinch River plant was origi clear-~lectric generation is on the order of nally proposed in the late 1960's, the pro and design engineering problems that re 300-400 gigawatts; jected cost of the plant was only $500 mil main unsolved and for which the basic re 2) There is a reasonably assured supply lion, or about $1400 per kilowatt of generat search is not complete, an indicate a h igh of at least 2.5 million tons of low-cost ura ing capacity. By the time the project re probabillty that the cost difference between nium ore (under $50 per pound); ceived its original authorization in 1973, the breeders and conventional reactors will 3) Reactor cost differentials between the cost had gone to $690 million, or $2000 per widen, not narrow. Even on the basis of .ur breeder and conventional plans are $100 or kilowatt. Today, ERDA estimates a comple rent knowledge, some experts have predicted more, with similar differences in fuel cycle tion cost of $2.3 billion, or more than $7000 a gap of over $,200 per kilowatt well into the costs. per kilowatt. Sozoe experts have speculated beginning of the next century if we proceed This analysis of the relevant economic that the cost may well go to $3 billion by on the present timetable. At this level, markets makes clear that all of these con the time construction is completed, since uranium prices would have to be four ditions can be readily met. For that reason, construction has not yet begun and experi times higher than current projections to early commercialization of the breeder will ence with the Fast Flux Test Faclllty has make the breeder cost-competitive. result in large economic losses to society in been that most of the Increases occur during In addition to the risk of cost escalations addition to a lengthy list of non-monetary construction. from plant construction costs, the breeder risks in the safety, environmental and inter At $7000 per kilowatt, Clinch River will also faces a. great risk of escalations from national relations-proliferation areas. cost more than ten times as much as cur increases in the cost of reprocessing. This is Therefore, no further subsidization of the rent light water plants per unit of capacity. a risk that is completely absent from the Clinch River project, an integral step in the Of course, the cost of Clinch River includes once-through uranium fueled light-water early commercialization program, can be many first-time expenses, and other costa reactor, and consequently a particularly sen justified. associated with the prototype status of the sitive part of the competitive equation. DAVE STOCKMAN, plant that make a direct comparison unjust. Experience in reorocessing light-water fuel Member of Congress. But this factor of ten reoresents the im has been dismal. The private plant at Barn SEPTEMBER 17, 1977 .• provement that will have to be made in the well, South Carolina, originally projected to economics of building breeders ln order to cost $250 million, will cost over $700 million make them competitive with light-water re if it is ever completed. Its private sponsors actors. The increases in the cost of building have backed out of the project as uneconom RULES OF PROCEDURE OF THE Clinch River have been reflected in the in ical, and are now attempting to secure a COMM~E ON EmnRONMENT huge federal subsidy to operate the plant as AND PUBLIC WORKS creases in the estimated cost of later com a "demonstration" project. mercial breeders, however. • Mr. STAFFORD. Mr. President, un In a 1974 study supporting the raoid com The likelihood that breeder fuel of reproc mercialization time table, ERDA calculated essing will encounter even more serious prol:> der the rules of the Senate, each com that breeders would cost $100 oer kilowatt lems than current reprocessing efforts is mittee is required to publish annually, great, yet the cost figures used in the eco by March 1, its rules in the CONGRESSION more than conventional reactors at their nomic analyses relied upon by the backers of 1995 commercial introduction date. and that AL Clinch River have been extrapolations from RECORD. this difference would be eliminated in experience with spent light-water reactor At our organizational meeting, on thirteen years. The most recent ERDA pro fuel. The accurecy of these extraoolations is January 8, the Committee on Environ Jections show a cost difference of $145 oer open to serious question because ·of two ma kilowatt initially, declining to $50 after ment and Public Works adopted the jor technical differences between reprocess rules which I submit today. These rules thirteen years. This reduction in the cost of ing spent LWR fuel and reprocessing breeder breeders is absolutely essential to the com fuel. are identiGal with those of the 96th Con mercial success of the development effort on The plutonium content of spent breeder gress, except for a revision of rule 10 the present timetable. yet the history of the fuel will be approximately 40 times greater which changed the name of the "Sub light-water reactor and the great unknowns than that contained in spent LWR fuel. Thus committee on Resource Protection" to in breePer and reurocessing technolo~y make a breeder fuel reprocessing facility will the "Subcommittee on Toxic Substances the likelihood of achie~rin~ cost red~ctions . have to contend with the safety proble~ns and Environmental Oversight." of the reauisite mae-nitude almost nil. associated with keeping this substantially As commercial technolog-ies mature, proc larger proportion of plutonium from re Our rules were circulated at that time ess costs almost invaria,bly decline. One forming into a critically-sized accumulation. to members of the committee with a re notable exception to this rule has been the In addition to the plutonium related prob quest that they be examined for sug i~ht-water cooled nuclear nower reactor. By lems, the breeder reprocessing plants will gested amendments or further discussion e end of 1967 after nearly ten years of have to contend with fuel that has been ir at a future meeting of the committee. commer~lal operation. the cost per kilowatt radiated at a higher temoerature than pres While I have received no recommenda of LWR s han reached about $180 (1975 dol ent LWR fuel. This, combined with embrittle lars). By 1973, the a.ve~ cost ha.d in- tions at this time, neither has the com ment caused by the higher neutron irradia- mittee had an opportunity to place a February 27, 1981 CONGRESSIONAL RECORD-SENATE 3313 discussion of its rules on the agenda of a (c) Once a quorum as prescribed in sub Rule 12. Environmental Impact State business meeting. sections (a) and (b) has been established ments.-No project or legislation proposed I point out that rules may be amended for the conduct of business, the Committee by the Administration shall be approved or may continue to conduct business. other action taken on such project or legis during the year by vote of the commit (d) Notwithstanding the rule prescribed lation unless the Committee has received a tee, and simply state at this time that in subsection (a), one Member shall con final environmental impact statement rela if any change is made when we next con stitute a quorum for the purpose of conduct tive to it, in accordance with section 102 (2) sider this matter, it will, of course, be ing a hearing. (C) of the National Environmental Policy printed in the RECORD as Senate rule Rule 6. Proxy Voting.- (a) Proxy voting Act of 1970, and the written comments of XXVI also provides. shall be allowed on all measures, amend the Administrator of the Environmental I submit the rules for printing in the ments, resolutions, or any other issue before Protection Agency, in accordance with sec RECORD. the Committee or any Subcommittees. Any tion 309 of the Clean ·Air Act. This rule is Member who is unable to attend the meet not intended to broaden, narrow, or other The rules are as follows: ing may submit his vote on any such issue, wise modify the class of projects or legis RULES OF PROCEDURE OF THE COMMITTEE ON in writing or through personal instruct ions; lative proposals for which environmental ENVIRONMENT AND PUBLIC WORKS however, proxies shall not be voted for the impact statements are required under sec Rule 1. Regular Meeting Days.-The reg purpose of reporting any measure or matter tion 102(2) (C). ular meeting day of the Committee shall be except when the absent Committee Member Rule 13. Whenever the Committee author the first and third Thursday of each month has been informed of the matter on which izes a project, under Public Law 89-298, at 10:00 A.M. , except that if there be no busi he is being recorded and has affirmatively Rivers and Harbors Act of 1965, Public Law ness before the Committee, the regular meet requested that he be so recorded. A proxy 83-566, Watershed Protection and Flood Pre ing shall be omitted. given in writing shall be valid until revoked, vention Act, or Public Law 86-249, Public Rule 2. Committee Meetings.--subject to while a proxy given orally or by personal Buildings Act of 1959, as amended, the Chair section 133{a) of the Legislative Reorganiza instructions is valid only on the day given. man shall submit for printing in the Con tion Act of 1946, as amended, Committee (b) At the discretion of the Chairman, gressional Record, and the Committee shall meetings for the conduct of business, for the after consultation with the Ranking Minor publish periodically as a committee print, purpose of holding hearings, or for any other ity Member, Members who are unable to be a report that describes the project and the purpose, shall be called by the Chairman, af present and whose vote has not been c~st reasons for its approval, together with any ter consultation with the ranking Minority by proxy may have their positions recorded dissenting or individual views. Member. Suooommittee meetings shall be on any vote on the same business day so Rule 14. Naming of Public Facilities.-No called by the Chairman of the respective sub long as the vote will not change the outcome. building, structure or facility authorized by committee, after consultation with the rank Rule 7. Public Announcement of Vote. the Committee, shall be named for any liv ing Minority Member. Notice of a meeting Whenever the Committee by rollcall vote re ing person, except former Presidents or for and the agenda of business to be discussed ports any measure or matter, or acts upon mer Vice Presidents of the United States, or by the Committee will be provided to all any measure or amendments thereto, the former Members of Congress over 70 years Members not less than twenty-four hours in report of the Committee on such measure of age. advance of such meeting. Additions to the or matter shall include a tabulation of the Rule 15. Committee Resolutions.-(a) The agenda after that time may be made with the votes cast in favor of and the votes cast Chairman, after consultation with the rank concurrence of the ranking Minority Mem in opposition to such measure or matter by ing Minority Member, is authorized to certify ber. Such 24-hour notice may be waived in each Member of the Committee. and pass on Committee resolutions for re an emergency by the Chairman, with the view of flood control and river and harbor concurrence of the ranking Minority Mem Rule 8. Announcement of Hearing.-Tlua Committee, or any Subcommittee thereof, re_;Jorts and resolutions for studies of pub ber. lic building project, and forward the resolu Rule 3. Open Committee Meetings and Leg shall make public announcement and pro vide notice to Members of the date, place, tions to the appropriate Federal agency. islative Mark-up Sessions.-Meetings of the (b) Proponents of Committee resolutions Committee, including hearings and legisla time and subject matter of any hearings to tive mark-ups, shall be open to the public, be conducted on any measure or matter, at shall submit appropriate evidence showing except that a portion or portions of any such least one week in advance of such hearing, need for review or reports on river and meeting may be closed to the public if the unless the Committee Chairman, or Subcom. harbor and flood control projects. Committee determines by record vote of a mittee Chairman, with the concurrence of Rule 16. Broadcasting of Hearings.-Pub majority of the members of the Committee the ranking Minority Member, determines lic hearings of the Committee, or any Sub present that the matters to be discussed or that there is good cause to begin such hear committee thereof, may be televised or the testimony to be taken at such portion or ing at an earlier date, in which event not broadcast, or recorded for television or broad portions-- less than twenty-four hours notice shall be cast, upon notification in advance to the ( 1) will disclose matters necessary to be given. Chairman through the Chief Clerk. During kept secret in the interests of national de Rule 9. Statements of Witnesses at Hear public hearings, photographers and other fense or the confidential conduct of the for ings.-(a) Each witness who is scheduled reporters using mechanical recording or film eign relations of the United States; to testify at any hearing of the Committee, ing devices shall position and use their equip (2) will relate solely to matters of commit or any Subcommittee thereof, shall file a ment in such fashion as will not interfere tee staff personnel or internal staff manage written statement of his proposed testimony with the seating, vision, or hearing of Com ment or procedure; or not later than noon of the last business day mittee Members or Staff on the dais, nor (3) constitute any other grounds for clos preceeding the day on which he is scheduled with the orderly process of the hearing. ure under paragraph 7 (b) of rule XXV of to appear. At the time of his appearance, he Rule 17. Amendment of Rules.-The rules the Standing Rules of the Senate (as amend shall supply for the use of the Committee or may be added to, modified, amended or sus ed by Senate Resolution 9, 94th Congress). Subcommittee, 25 copies of his prepared pended by a ma}ority of the Committee Rule 4. Presiding Otficer.-(a) The Chair testimony or such greater number as may be Membership.e man shall preside at all meetings and hear requested in the letter of invitation. Except ings of the Committee except that in his ab for witnesses from the Federal Government. sence the ranking Majority Member who is this rule may be waived with regard to iield PSYCHIATRIC NURSES present at the meeting shall preside; hearings. (b) Subcommittee Chairmen shall preside (b) The presiding officer at a hearing may • Mr. INOUYE. Mr. President, in 1982, at all meetings and hearings of their respec have a witness confine his oral presentation psychiatric nursing was formally con tive Subcommittees, except that in the ab to a summary of his statement. ceived with the opening of a training sence of the Subcommittee Chairman, the Rule 10. Regularly Established Subcom school for nurses at the McLean Hos ranking Majority Member o! the Subcommit mittees.-The Committee shall have six reg pital for the mentally ill in Waverly, tee who is present at the meeting shall pre ularly established Subcommittees as follows: Mass. The workrole of the nurse in psy side; Subcommitee on Environmental Pollution chiatric facilities has had a little less (c) Notwithstanding the rule prescribed by Subcommittee on Water Resources. subsections (a) and (b), any Member of the Subcommittee on Transportation than 100 years of historical develop Committee may preside over the conduct of Subcommittee on Regional and Commu- ment. Yet this role has grown beyond a hearing. nity Development the walls of psychiatric facilities and ex Rule 5. Quorums.-(a) Except as provided Subcommittee on Toxic Substances and panded into the communities in direct in subsections (b) and (d), five Members, two Environmental Oversight correlation with the changing mental of whom shall be Members of the Minority Subcommittee on Nuclear Regulation health needs of the Nation. Currently in party, shall constitute a quorum for the pur the United States, there are 60,000 li pose of reporting any measure or matter. Rule 11. Subcommittee Membership .._...Fol (b) Quorums for the conduct of business lowing consultation with the Majority Mem censed professional psychiatric and men by the Subcommittees shall be a simple ma bers and the Ranking Minority Member of tal health nurses. At the forefront of this jority of the Membership of the Subcommit the Committee, the Chairman shall an group is a new breed numbering 10,000 tees with at least one Minority Member pres nounce selections for membership of the commonly called the psychiatric and ent. Subcommittee referred to in Rule 10. mental health nurse specialist, whose 3314 CONGRESSIONAL RECORD-SENATE February 27, 1981 distinguishing features are graduate ed years of supervised clinical experience mental health nursing specialists prac ucation and supervised clinical experi in addition to a master's degree. The cer tice in m10re popula,ted areas, where they ence. Today, it is this particular group tification process involves voluntary as can be employed in salaried positions and of nurses, the psychiatric and mental sessment by examination and documen where they are near physicians to super health nurse specialists, that I would tation of a nurse's knowledge of her field vise and sign for their nursing services. like to acknowledge for providing direct of practice. It recognizes expertise both Until these psychiatric and mental health mental health care services to the Amer in application of current knowledge, and nursing specialists are independently re ican people. These services include indi in the ability to consider and initiate new imbursed for their services, they are vidual and group psychotherapy, familY alternatives and strategies in clinical limited in providing the full range of therapy, screening and evaluation, mak practice. Currently there are 223 certified services they are prepared to render at ing house calls, conducting health teach psychiatric mental health specialists with locations where their services are greatly ing activities, providing support and a total of 443 applicants for certification needed. medication surveillance, and responding in process. Yet, despite these obstacles, more to clients' needs through community ac Not surprisingly, with this well-struc than two-thirds (69 percent) of the em tion, if appropriate. In addition, they tured educational background, the psy ployed survey respondents were engaged provide teaching, supervision, and coor chiatric and mental health nurse special in direct patient services. Of these, 46 dination of psychiatric and mental ist is prepared to work in a variety of percent provided direct services in their health nurses and other mental health settings, including acute and long-term primary job; 66 percent in their second care providers. care hospitals and other health-care in job; and 47 percent in their third job. A '!'he nursing profession has with great stitutions, outpatient ambulatory clinics much higher percentage of respondents deliberation and diligence prepared the and community mental health-care cen with second and third jobs were in pri psychiatric and mental health nurse ters and schools, offices, courts, and in vate practice arrangements than those specialist to perform the role of direct dustries. They function well both in in with only primary jobs. Unfortunately, it care provider. A psychiatric and mental stitutions characterized by high levels of seems most nurses engaged in private health nurse specialist is first of all a teamwork and technology and in com practice required at least one additional registered nurse; that is, a graduate of munity-based, noninstitutional settings nursing position to support themselves. an approved nursing education program where the nurse practices on a highly in It is also evident specialists place a high that was authorized by the State to pre dependent, self-directed basis. Their value on providing direct services since pare persons for licensure. This graduate work embodies responsibilities for collab they seek these additional work re must then meet various State require oration and coordination with those sponsibilities outside of their primary ments for licensure in the State he or who may be working concomitantly with position. she wishes to practice. Next, this licensed the client and with others whose exper I am convinced that the major obsta registered nurse must complete a mas tise can enhance the quality of the total cle to having a mental health-care de ter's level program approved by the Na health-care package for the client. livery system with a flexible network of tional League of Nursing. These pro As a representative of one of the four services supplied by a range of qualified grams emphasize the theory and appli core mental health disciplines, the psy providers is the lack of direct reimburse cation of preventive treatment and re chiatric and mental health nurse spe ment for services for these qualified pro habilitative aspects of mental health cialist owns the responsibility to "serve viders such as the psychiatric and men care. Presently, there are 74 accredited the underserved" as recommended by the tal health nurse specialist. Yes, in 100 nursing programs; for example, Catholic President's Commission on Mental years the role of the "psychiatric nurse" University, Yale, and Columbia, in 37 Health. In a 1977 survey of 1,576 psychi has expanded into the psychiatric and States which offer a master's degree with atric and mental health specialists con mental health nurse specialist, beyond a primary or secondary emphasis in psy ducted by the American Nurses' Associa the walls of the psychiatric facility; but chiatric nursing. Since 1948, more than tion, 87 percent provided services to only to be blocked by the lagging pace of 80 schools of nursing have received edu minorities, 59 percent to the elderly, and the Federal and private bureaucracies. cational grants from the National Insti 94 percent to families of low income