12860 CONGRESSIONAL RECORD-HOUSE April 29, 1977 Ush a program to educate the pubnc JUNE 13 To continue oversight hearings on the in understanding climatic dynamics. 9:30a.m. cable TV system. 5110 Dirksen Bu1ld1ng Commerce, Science, and Transportation 235 Russell Building JUNE 10 Communications Subcommittee JUNE 15 9:30a.m. To hold oversight hearings on the cable Commerce, Science, and Transportation TV system. 9:30a.m. Science, Technology, and Space Subcom 235 Russell Building Commerce, Science, and Transportation mittee Communications Subcommittee To continue hearings on S. 421, to estab JUNE 14 lish a program to educate the public 9:30a.m. To continue oversight hearings on the in understanding cllmatic dynamics. Commerce, Science, and Transportation cable TV system. 5110 Dirksen Building Communications Subcominittee 235 Russell Building
HOUSE OF REP·RE'SENTATIVES--Friday, April 29, 1977 The House met at 11 o'clock a.m. the President continued unttl 11 :30 a.m., The development of nuclear power has The Chaplain, Reverend Edward G. which is the reason for our not being been seriously delayed by objections from Latch, D.D., offered the following present immediately at the time when environmentalists. With a bleak outlook prayer: the House convened and when this roll for energy in the years ahead, it appears call was taken. unsound to sacrifice any important Let us think of one another and how source. we can encourage one another to love Hopefully, the President's decision is and do good deeds.-Hebrews 10: 24 PERSONAL EXPLANATION not irreversible. We can go along for a gentleman from Florida istration, who back plutonium power. ing papers, referred to the Committee on Mr. ALLEN. Mr. Speaker, I notice They claim it would save the United Merchant Marine and Fisheries: from the CONGRESSIONAL RECORD of yes States $50 billion in energy costs in a 30'-year period. Some experts believe that To the Congress of the United States: terday that I, along with 90 other Mem nuclear weapons proliferation will not be I am pleased to submit the fourth an bers of the House, were not present at retarded significantly even if breeders nual report from the Secretary of COm the beginning of the session to vote on were curtailed worldwide. merce giving details of the activities of approving the Journal for the previous Not too long ago, the world seemed to the past fiscal year as required by the Ohio Rodino Ullman The Clerk read as follows: The SPEAKER. The question is on the Mineta Rogers VanDeerlin motion offered by the gentleman from Minish Richmond Vento Amendment offered by Mr. BAucus: Strike Arizona (Mr. UDALL) . Mitchell, N.Y. Ronca.lio Waggonner all of section 510(b)·(5), page 258, lines 21- l\1[offett Rosenthal Walker 25 and page 259, lines 1-22 and Insert in lieu The question was taken; and the Mollohan Rostenkowski Walsh thereof: Speaker announced that the ayes ap Montgomery Rudd Wampler ( 5) the proposed surface coal mining op Moore Runnels Watkins peared to have it. Moorhead, Pa. Russo Waxman eration 1f located west of the one hundredth Mr. BAUMAN. Mr. Speaker, I object Moss Ryan Weaver meridian west longitude, would- to the vote on the ground that a quorum Mottl Santini Weiss (A) not be located within an alluvial valley Murphy,Pa. Satterfield Whalen floor, or is not present and make the point of Murtha Scheuer White (B) not materially damage the quantity order that a quorum is not present. Myers, Gary Schroeder Whitley or quality of water In surface or under Myers, Michael Schulze Whitten The SPEAKER. Evidently a quorum is Myers, Ind. Seiberling Wilson, Bob ground water systems that supply these val not present. Natcher Sharp Wilson, Tex. ley floors referred to in (A) of subsection The Sergeant at Arms will notify ab Nedzi Shipley Winn (B) (5): Provided, That this paragraph (5) Nichols Shuster Wirth shall not apply to those surface coal mining sent Members. Nix Sikes Wolff operations located within or adjacent to al The vote was taken by electronic de Nowak Simon Wright luvial valley floors which in the year preced O'Brien Skelton Wylie ing the enactment of this Act were engaged vice, and there were--yeas 309, nays 1 Oakar Skubitz Yates not voting 123, as follows: ' Oberstar Slack Yatron in the commercial production of coal or Obey Smith, Iowa Young, Alaska which had obtained prior to January 4, 1977, [Roll No. 170] Ottinger Smith, Nebr. Young, Fla. specific permit approval by the State regula YEAS--309 Panetta Solarz Young, Mo. tory authority to conduct surface coal min A.kaka Collins, Tex. Gudger Patten Spellman Young, Tex. ing operations within said alluvial valley Alexander Conable Guyer Pattison Spence Zablocki floors; and Allen Conte Hagedorn NAYS--1 Ambro Corcoran Hall Mr. BAUCUS. Mr. Chairman and Ammerman Corman Hamil ton Symms members of the committee, I think that Anderson, Cornell Hanley NOT VOTING-123 Calif. Cornwell Hannaford it is obvious to all of us that our Nation Anderson, Dl. Coughlin Harris Abdnor Florio Murphy,Dl. is embarking upon a tremendous coal Andrews, D'Amours Hawkins Addabbo Foley Murphy, N.Y. rush that willla.st for the rest of this cen N.Dak. Daniel, Dan Heckler Andrews, N.C. Ford, Mich. Neal tury. Certainly, the President's energy Annunzio Daniel, R. W. Hightower Ashley Forsyt he Nolan Applegate Danielson Hillis Aspin Fountain Patterson message told the country of the manda Archer de la Garza Hollenbeck AuCoin Fraser Pickle tory conversion of utilities to coal and Armstrong Dellums Holt Badham Frenzel Price industrial plants to coal. Ashbrook Derwinski Holtzman Barnard Fuqua. Pritchard Badillo Devine Howard Beard, R.I. Gilman Quayle There is no doubt that we in America, Bafalis Dickinson Hubbard Beard, Tenn. Gradison Railsback particularly the Western States, have Baldus Dicks Huckaby Biaggi Hammer- Rangel been providing the bulk of America's Baucus Dingell Hughes Boggs schmidt Rinaldo Bauman Dornan Hyde Boland Hansen Roberts energy needs. At the same time, I would Bedell Drinan Jacobs Bonker Harkin Roe like to point out to the committee that Beilenson Duncan, Oreg. Jeffords Breaux Harrington Rooney one of the most important resources, in Benjamin Duncan, Tenn. Jenkins Brinkley Harsha Rose Bennett Eckhardt Jenrette Brown, Mich. Hefner Rousselot addition to coal in the West, is alluvial Bevill Edgar Johnson, Calif. Brown, Ohio Hertel Roybal valleys and water. I need not remind the Bingham Edwards, Ala. Johnson, Colo. Burke, Calif. Holland Ruppe committee of the arid conditions in the Blanchard Edwards, Calif. Jones, N.C. Burke, Fla. Horton Sarasin West, particularly the Great Plains, and Blouin Edwards, Okla. Jones, Okla. Cavanaugh !chord Sawyer Bolling Emery Jordan Cederberg Ireland Sebelius I also need not remind the committee Bonior English Kasten Chappell Jones, Tenn. Sisk that, particularly this year, we in the Bowen Erlenborn Kastenmeier Chisholm Ketchum Snyder West are experiencing a tremendous Brademas Ertel Kazen Clay Koch StGermain Breckinridge Evans, Colo. Kelly Cleveland Krueger Stark drought, which makes the value of our Brodhead Evans, Del. Kemp Conyers Latta Steed water resource even more precious. Brooks Fary Keys Cotter Leggett Steiger The amendment which I am offering Broomfield Fascell Klldee Crane Lent Stokes Brown, Calif. Fenwick Kindness Davis Long, Md. Taylor seeks to protect this resource, to help Broyhill Findley Kostmayer Delaney Lujan Teague bring into balance the conflict between Buchanan Fisher Krebs Dent McEwen Thornton providing coal for America's energy needs Burgener Flippo LaFalce Derrick McKay Vander Ja.gt Burke, Mass. Flood Lagomarsino Diggs Mahon Vanik and the necessity for protecting the most Burleson, Tex. Flowers Le Fante Dodd Mazzoli Volkmer valuable resource in the West-water. Burlison, Mo. Flynt Leach Downey Metcalfe Walgren Burton, John Ford, Tenn. Lederer Early Meyner Whitehurst The problem is that alluvial valleys, Burton, Phllllp Fowler Lehman Ellberg Milford Wiggins which are unconsolidated aquifers and Butler Frey Levitas Evans, Ga. Mitchell, Md. Wilson, C. H. stream beds in the West, of silt and sand Byron Gammage Lloyd, Calif. Evans, Ind. Moakley Wydler materials, are extremely fragile. Caputo Gaydos Lloyd, Tenn. Fi~:~h Moorhead, Zeferetti Carney Gephardt Long, La. Fithian Calif. Alluvial valleys are those lowlands in Carr Giaimo Lott the arid West where there is some water, Carter Gibbons Luken So the motion was agreed to. not very much, but there is some. Allu Clausen, Ginn Lundine The result of the vote was announced Don H. Glickman McClory vial valleys are those lowlands where Clawson, Del Goldwater McCloskey as above recorded. there is water available for irrigation cochran Gonzalez McCormack IN THE COMMITTEE OF THE WHOLE or subirrigation, that is, where there is COhen Goodling McDade Coleman Gore McDonald Accordingly the House resolved itself water just below the surface of those low Collins, m. Grassley McFall into the Committee of the Whole House lands. 12862 CONGRESSIONAL RECORD-HOUSE April 2'9, 19'77 The problem is that we do not have oming. Some have already exceeded 1 where the company does not have a per enough information to know if we can million tons a year of production. mit or where the company has not en adequately protect them, because under Some are now producing, others with gaged in prior commercial production neath these alluvial valleys we have un permits but not yet producing, and class are very, very small. Second, as I pointed derground water resources. We in the III mines neither licensed or producing, out earlier, the Secr.etary of the Interior West are extremely concerned that if but on which substantial money has al can make trades. He can trade those por we proceed with mining of alluvial val ready been expended in preparing to tions that would be banned by my leys not only are we going to destroy the mine. amendment for other portions outside cropland, the little cropland that is The CHAIRMAN. The time of the gen alluvial valleys that are adjacent to the available for this part of the country, tleman from Montana New York. By 1985, the Environ mined wi-thout adverse impact on the long erally apply as an alluvial valley floor? term productivity of those agricultural lands. mental Protection Agency tells us, we Prevention of mining in all alluvial valley Mr. BAUOUS. I would say yes. will lose 211 million tons if a complete Mr. RONCALIO. Is the gentleman fa alluvial valley ban is imposed. That is floors is, we believe, unwarranted. miliar with the Campbell COunty area current production. But more impor- Based on these statements by the EPA April 29, 1977 CONGRESSIONAL RECORD-HOUSE 12865 and ICF, Inc., I would urge my colleagues vested capital and have started or have these problems in the few cases where to reject the gentleman's amendment. obtained permits, they are allowed to there will be hardships. It seems to me Mr. JOHNSON of Colorado. Mr. Chair continue. As the bill now reads, if they where that is the case, the Secretary man, will the gentleman yield? have invested "substantial sums of under his present authority, can help Mr. BAUMAN. I yield to the gentle money or made substantial legal com relieve that unnecessary hardship and man from Colorado. mitments," they also may continue. burden. Yet, he cannot take care of Mr. JOHNSON of Colorado. Mr. Chair The concept of the substantial finan everything. The bottom line of all this is, man, I would like to point out that the cial commitment and legal commitment I think, that it is important to protect language of the bill as presently writJten is the same as the permit or as the devel the alluvial valleys. states, if anything, a slight discretion for opment which has gone on. The purpose The CHAIRMAN. The time of the the Secretary. When we are talking about there is to give those people who have gentleman from Washington has ex the small acreage and. negligible impact already changed their position and in pired. on agricultural livestock production, that vested money and time and effort the the Nation either ruins SEIBERLING) . view it could exempt mining in alluvial or severely degrades the productivity of Mr. SEIBERLING. Mr. Chairman, I valleys where expenditures for equip these lands. And it is still not clear that think the amendment which the gentle ment or surface rights of any kind were we have the ability to restore these prime man from Wyoming (Mr. RoNCALIO) just made. Such an exemption may be too lands satisfactorily after they are strip offered points up the basic defect in the broad in certain circumstances. mined. I am aware that much of the language of the bill which would be I will have to oppose the amendment land in question is used for cattle graz stricken by the gentleman from Mon offered by the gentleman from Wyoming ing, and is not presently under cultiva tana (Mr. BAUCUS). (Mr. RoNcALIO) because it basically tion. But the underground water systems would exempt any expenditures whatso which would be endangered by strip Mr. Chairman, we already moved the cutoff dwte for the grandfather clause ever for equipment or surface rights per mining present a long-term potential for mi~. I think that is too sweeping, and crop cultivation, and with the annual January 4 of this year. The industry has known for 2 years of this potential ban I will therefore oppose it. attrition of prime lands, these floors may With regard to the major amendment well be needed in the near to midterm on mining on alluvial valley floors and has had ample time to obtain permits. I would like to remind the committe~ future. They, therefore, represent an in that the amount of coal in the alluvial surance policy which we need to retain. If the Members will look at page 119 of the committee report, they will see valleys is very, very insignificant. At We will find, I think, that husbanding most it is 3 percent, and perhaps not these agricultural resources now, while that we are talking about 2 to 3 percent of the western coal reserves, which are even that much. we mine our coal outside prime lands The fundamental point is that we are will pay dividends many times over, and only a fraction of the Nation's coal, that could be affected by a ban on stripping now engaged in a pellmell rush for coal I commend my colleague for his far in America in this decade and the next reaching perspective in offering his alluvial valley floors. Therefore, we are not talking about a lot of coal here. so let us protect at least the alluvial val amendment. leys where there is such a small amount The CHAIRMAN. The Chair recog Consequently, Mr. Chairman, it seems covered by strip mines. nizes the gentleman from Idaho (Mr. to me that the amendment offered by the gentleman from Wyoming is the wrong Let us buy time so that we can protect SYMMS). the underground water, the water tables. amendment. If I were offering an If we do not, we in the West where we Mr. SYMMS. Mr. Chairman, I am sur amendment, it would be to knock out Prised that the chairman of the com have such an arid country, and which the grandfather clause that covers sub now is suffering from a drought, will be mittee would be for this amendment stantial financial commitments, but re when we have, I believe, in the bill struck put in a very, very difficult position. tain the rest of the language of the sec So, Mr. Chairman, I strongly urge that a delicate balance and reached some tion, which I think is reasonable lan sense of equity, as far as unified competi guage. the Members adopt my amendment. tion from State to State is concerned. The CHAIRMAN. The Chair now On the bottom line, Mr. Chairman, The CHAIRMAN. The Chair recog recognizes the gentleman from Washing what this will do is preclude the mining nizes the gentleman from Utah . Clausen, Johnson, Colo. Shipley Mr. SEmERLING. Mr. Chairman, I The amendment to the amendment Don H. Jones, N.C. Shuster offer an amendment. Clawson, Del Jones, Okla.. Sisk The Clerk read as follows: was rejected. Cochran Jordan Skubitz The CHAIRMAN. The question is on Collins, Tex. Kelly Smith, Iowa Amendment offered b'f Mr. SEIBERLING: Conable Kemp Smith, Nebr. Beginning on line 23, page 302, through line the amendment offered by the gentle Corcoran Kindness Spence 2, page 303, delete subsection (e). man from Montana (Mr. BAucus>. D' Amours LaFalce Stangeland Also, on page 303, line 7, in lleu of the The question was taken; and on a Daniel, Dan Leach Stanton word "last", put the word "first". Daniel, R. w. Lederer Stump Also on llne 7, page 308, delete the word division (demanded by Mr. BAucus) de la Garza Lloyd, Tenn. Symms there were--ayes 26, noes 41. Dent Long, La. Thone "above" and insert "requi~ed by subsection Derwinskl Lott Tonry (a)". RECORDED VOTE Devine McClory Treen Also on lines 15 and 16, page 303, delete Mr. BAUCUS. Mr. Chairman, I de Dickinson McCormack Trible the phrase "twice a week for two consecu mand a recorded vote. Dicks McDonald Waggonner tive weeks" and replace with the following Dornan McFall Walker phrase: "at least one week in advance of A recorded vote was ordered. Duncan, Oreg. McKinney Walsh The vote was taken by electronic de..: Duncan, Tenn. Mann Wampler the date of the hearing." vice, and there were--ayes 170, noes 149, Edwards, Ala. Marks Watkins Edwards, Okla. Marlenee White Mr. SEIBERLING. Mr. Chairman, answered "present" 1, not voting 113, as English Marriott Whitley this is a very simple amendment. It is one follows: Erlenborn Martin Whitten that is aimed at simplifying procedures [Roll No. 171) Evans, Colo. Meeds Wiggins that mine operators have to go through AYES-170 Evans, Del. Michel W1nn Fary Minish Yatron with respect to bond release. Akaka Brodhead Drinan Findley Moore Young, Fla. On page 302 of the bill, subsection (e) Allen Broomfield Eckhardt Flippo Moorhead, Pa. Young, Tex. provides that before a decision is made Ambro Brown, Cali!. Edgar Flood Moss Zablocki Ammerman Burgener Edwards, Calif. Flowers Murphy, Pa. to release an operator from a bond the Anderson, Burke, Mass. Emery Flynt Murtha regulatory authority must notify the Calif. Burton, John Ertel municipality in which the coal mining Anderson, n1. Burton, PhUUp Fascell ANSWERED "PRESENT"-1 operation is located by certified mall at Applegate - Byron Fenwick Bafalls Badlllo Carney Fisher least 30 days prior to the release of all Baldus Carr Fowler NOT VOTING-113 or a portion of the bond. Baucus Cohen Gauunage Beard, R.I. Coleman Gephardt Abdnor Banker Clay It seems to me that that is an unneces Bedell Conte Giaimo Addabbo Breaux Cleveland sary procedure. The municipality is al Bellenson Conyers Gibbons Ashley Brinkley comns,m. ready required to be notified of the pro Benjamin Corman Glickman Asp in Brooks Cotter Bennett Cornell Goldwater AuCoin Brown, Mich. Crane posed bond release when the application Bingham Cornwell Gonzalez Badham Burke, Cali!. Davis is made for release, and from that point Blanchard Coughlin Gore Barnard Burke, Fla. Delaney on it can follow the matter if it so de Blouin Danielson Hagedorn Beard, Tenn. Cavanaugh Derrick Bo111ng Dellums Hamilton Biaggi Cederberg Dodd sires. There is no need for adding a Bonior Diggs Hanley Boggs Chappell Downey further 30 days delay, which only costs Brademas Dingell Hannaford Boland Chisholm Early money. April 2'9, 1977 CONGRESSIONAL RECORD-HOUSE 12869 Second, this would change the require We have found over several years Members not to encumber us with this ment that any person with a valid legal of experience that we have many small cumbersome section. interest be notified of this proposed re operators and they are doing a very good Mr. UDALL. Mr. Chairman, I rise in lease 30 days after the last publication job of mine reclamation. When they ap opposition to the amendment. of the notice of the original application ply to the Pennsylvania Department of Mr. Chairman, this section deals with for release to 30 days after the first pub Mines Bureau of Reclamation for are a very important process. and that is the lication, and this saves about 10 days of turn of their bond in whole or in part, final moment when the revegetation has additional time. the inspector from the State goes out occurred, the 5 years have passed, and Finally, section (3) (f) on page 303 and views the site in accordance with the last portion of the bond is about to would require that public hearings, if their application. If the State inspectors be released. they have to be held on the proposed are satisfied that reclamation has been Mr. Chairman, one of the big objec release of the bond, instead of being fully complied with, the department tions of people in the coal mining areas advertised, as the committee print now then may order a refund of the bond has been that at that point where we requires, twice a week for 2 consecutive and allow that miner, who is usually a have the last remaining leverage on the weeks, which means additional delay, small operator, to proceed then with his operator, there has not been public par would simply have to be advertised at next application. ticipation. There is not a chance to make least 1 week in advance of the date We have found that bonds are ex a case that an adequate reclamation job of the hearing. tremely difficult to get. Only the good has not been done. Mr. Chairman, I believe that the Mem operators are able to be bonded in Mr. Chairman, we took a good, hard bers want to see this provision further Pennsylvania. look at the Pennsylvania procedure. In streamlined as far as redtape is con Only the good operators secure a re the bill we have adopted a procedure in cerned, and I believe they will want to lease of their bond from our Bureau of cluding an tntormal conference, which support this amendment. Reclamation. can be used in lieu of public hearings. Mr. MURPHY of Pennsylvania. Mr. Mr. Chairman, this is the way it should This is the Pennsylvania practice. We Chairman, will the gentleman yield? be. However, the way the bill is pres put in a strict time limitation at the Mr. SEffiERLING. I yield to the gen ently drafted, it has a very, very cum instigation of the Pennsylvania opera tleman from Pennsylvania, who I under bersome procedure in it that could tors. stand has a different approach. stretch out from a minimum of 60 days Mr. Chairman, the amendment of the Mr. MURPHY of Pennsylvania. Mr. to a maximum of 3 months to 100 days gentleman from Ohio ing program under a "learner's permit" 18 utility sites, seven of which are in New Mr. ARCHER. Mr. Chairman, will the upon completion of a qualified course. England. Additionally, FEA has stated gentleman yield? The CHAIRMAN. The question is on that they soon will be issuing notices to Mr. CONTE. I yield to the gentleman the amendment offered by the gentleman large industrial consumers of oil. from Texas mic an approval be obtained. The conditions Concerning the argument of Federal and energy questions, I urge my col of such an approval are to be determined reclamation enforcement versus State leagues to oppose H.R. 2, the Surface on a mine-by-mine basis and are de enforcement, it should be noted that 38 Mining Control and Reclamation Act of pendent upon the nature, timing, se States currently have surface mining 1977. quencing of the mine operations as well laws that are being enforced. Adoption Mr. SAWYER. Mr. Chairman, I wish as the physical characteristics of the of one all inclusive piece of Federal leg to add my support for H.R. 2, the Surface mine site. islation to oversee the reclamation proc Mining Control and Reclamation Act. I The CHAIRMAN. The question is on ess would weaken and eventually destroy have been favorably impressed that the the amendment offered by the gentleman the existing State enforcement programs. legitimate concerns involved, both coal from Arizona itration Association. state experience with diverse plans will extensive experience in producing programs provide us with that opportunity for pilot in the Soviet Union, to assist in its Olympic (NoTE.-In addition to payments by NBC under these agreements, NBC will have its project testing which must precede mas project. Mr. Bock, who had worked for CBS sive reform. during the preceding two years when CBS own costs for talent, transportation and was pursuing negotiations for d a with the Bolshoi Ballet, televised on the CBS model State law in 1972 for a no-fault Television Network in the summer of 1976. During the January negotiations, the So He is currently producing other programs viets agreed to a more gradual schedule of reparations syste:n. Although 24 States for that network and others, including the payments and reduced substa,ntially the have modified their traditional fault BBC. 111Illount of prepayment to be made by the systems since the init.ial DOT study, After CBS decided to withdraw from joint end of 1978. onlv one law-that of the State of or individual negotiations, Mr. Bock ·advised For the broadcast coverage NBC will be Michigan-even remotely resembles the NBC that he had been released from his CBS able to provide under these ,a,greements, drafted model. To Michigan's credit, that representation. He also advised that he NBC considers the financial Mrangements law is working extremely well to achieve had stayed on in Moscow after the network to be fair to all parties. representatives h:ld left and during that time Madame Monique Berlioux, Director of the the humanitarian objectives of no-fault, had worked out significantly improved terms IOC, formally signed the television rights and to retain fiscal integrity. The other of a new arrangement which he felt might agreement as a witness, with formal IOC State laws-while an improvement over 12894 CONGRESSIONAL RECORD-HOUSE April 2'9, 1 fJ-77 their traditional tort insurance sys The American Trial Lawyers Asso the first 2 years after the accident oc tems-have failed, in varying respects, ciation-whose members earn more than curs with a ceiling of $250,000 on all to provide sufficient no-fault benefits to $1.5 billion a year from automobile per medical services supplied after the 2- meet the needs of seriously injured vic sonal injury litigation-has been espe year period for those expenses incurred tims. In addition, these States have cially forceful in resisting State efforts in sustaining the life of a victim or en failed to achieve the proper balance to adopt strong no-fault laws. Having al:>ling the victim to complete a program necessary for fiscal integrity of a no successfully undercut some of the es of medical or vocational rehabilitation fault system, because the amount of sential features of the no-fault concept services. benefits being offered by the system is from laws in the State legislatures, the Work loss benefits up to $12,000. disproportionately higher than the lim trial laWYers now wring their hands at Replacement services benefits up to itation being placed upon the tort the result. Cataloging the problems of $7,300. system. individual State no-fault plans, the law Funeral and death benefits up to New York is an example of a State yers strike the pose of a delinquent who, $1,000. with an inadequate threshold. The New having slain his parents, asks the mercy In addition, the bill places a limitation York law pennits people to sue for their due an orphan. Try as they may to con upon the utilization of the tort liability pain and suffering if their medical bills fuse the issue, they cannot obviate the system by permitting lawsuits for pain exceed $500. This threshold has become unmistakable clarity of the no-fault and suffering only in cases of death, a target for the unscrupulous. In his concept: Attorneys would no longer serious and permanent injury or 180 April 23, 1977 statement before the siphon 20 cents from each premium days of continuous disability. Subcommittee on Consumer Protection dollar to litigate the issue of fault in The bill also contains provisions to and Finance, the Honorable JoHN M. auto accidents; instead, the money prevent and control fraud, excessive MURPHY noted the Trial Bar's attempt to would go toward paying medical bills costs and overutilization of services circumvent the threshold. The follow and otherwise compensating accident under an approved State no-fault plan. ing excerpts are quoted from a letter sent victims. First, the bill requires States to estab to a physician by a law firm in New Unfortunately, there appears to be lish a mechanism whereby fraudulent York concerning that firm's represen little chance that the States can over claims can be investigated. Second, the tation of the doctor's patients in a pos come the lobbying of the trial lawyers bill requires States to issue prospective sible tort claim: and enact decent no-fault legislation. guidelines relating to the cost and Since the patient(s) would not be able to The line is now drawn. It is impossible quality of all medical and rehabilita recover for pain and suffering beyond the any longer to believe people who say tion services and procedures for the actual out-of-pocket expenses of his medical they favor no-fault, but on a State level. treatment of auto accident victims. care, unless the medical care exceeds $500, If one is for no-fault, Federal basic Third, the bill authorizes an insurer to may we strongly ask you to constantly con standards legislation is the .only place require a victim, under carefully circum sider and remain aware of the fact that the to be. Kemper Insurance Cos. put it scribed circumstances, to submit to an medical care given will be promptly paid independent medical examination. by the insurance carrier upon the presenta most graphically last year: tion of your bHls. Would you also send the Wlith prospects at the state level dim ... The legislation also provides for the patient(s) for x-rays, hospital care, diag one must ask huw we who support no-'fault subrogation of insurance claims between nostic tests for treatment, orthopedic, neu can continue to oppose federal legislation. insurers where the operator of a motor rological or other specialist consultations to The answer is quite simply and directly that vehicle involved in an accident was add in treaJting the paJtient ( s) . These other we can no longer oppose the principle of guilty of manslaughter, negligent homi medical costs will also be promptly paid, federal standard legislation. cide, driving while under the influence of should the severity and seriousness of the Thus, it is with great urgency that I alcohol or drugs, or any action which injurdes warrant your utilization of all or constitutes a felony in the jurisdiction some of the other medical care and consult direct my colleagues' attention to the serious issue before us today. We can re involved. Thus, the demonstrably irre ants, etc. sponsible drivers will not go unpenalized You will be aiding the patient(s) in not tain an insurance system which pro only giving them the best and ·complete vides no reimbursement f()r 52 percent under the no-fault reparations system. available medical care the insurance policy of automobile accident victims and tardy In this regard, the bill provides for the can buy but you will also be aiding the reimbursement for the other 48 per establishment of State and local pro patients in assuring them that they will cent-grossly overpaying the least seri grams to deter driver negligence-fines, have theii" day in court when they can sue ously injured and meanly underpaying suspension and/or revocation of drivers for pain and suffering resulting from medical the more seriously hurt. licenses, and compulsory driver educa benefits.... Or, we can have a no-fault system tion. The penalty system will remain in Of course, we, as attorneys, can only which reimburses victims promptly for force under the control of local and benefit the patient when and if his indi State authorities while the compensation vidual case exceeds $·500, when we will ac their reasonable medical expenses and a substantial part of their lost income, system-which is the subject of this cept the case. You can now readily see why legislation-will operate on a no-fault we will collect your medical bills for you if while still providing those seriously in we accept the ·case. Since we expect to make jured an opportunity to pursue their basis. a. fee from the patient's claim when suc claims for pain and suffering through Mr. Speaker, this new no-fault legis cessful in his auto liab111ty claim, a.s a the tort system. Experience has shown lation is being introduced by Members courtesy to hi.m a.nd to you, we will process that the States either will not reform of both the House and the Senate. In his claim for medical bills as we have done their outmoded tort laws, or will revise addition, broad-based support among in the past. their laws in ways that more often than labor and consumer groups as well as in It should not surprise anyone that not benefit the trial laWYers rather than the insurance industry has given further New York's inadequate threshold and its the premium-paying motorists. impetus to this legislative reform. Such more-than-adequate legal profession Mr. Speaker, the time for major re widespread endorsement demonstrates form of the automobile insurance system the clear recognition of the relative have combined to push premiums up. merits of the no-fault system of compen Under New York's so-called no-fault is now. If we do not succeed ·soon, the brilliantly innovative concept of no-fault sation over the tort liability reparations system, one-third of the bodily injury system. premium goes to pay no-fault benefits to may vanish from the scene, the victim victims, while two-thirds of the premium of bad so-called no-fault laws foisted is used to pay for the expenses of cases upon the public by those who stand to GASOLINE EFFICIENT AUTO SALES that break the threshold. It is not much lose the most under good no-fault legis MUST INCREASE-BUT PUBLIC of a no-fault system when two-thirds lation. SHOULD NOT COUNT ON REBATE of the premium is being spent on fault The bill which I am cosponsoring pro The SPEAKER pro tempore. Under a determinations through lawsuits. Un vides the following benefits: previous order of the House, the gentle fortunately, this type of law, which Medical expenses up to $100,000 with man from Ohio ('Mr. VANIK) is recog effectively supports both a fault and a the option to purchase additional cover nized for 5 minutes. no-fault system, is being repeated time age up to $1 million at a higher premium Mr. VANIK. Mr. Speaker, the adminis and again throughout the country. rate; or unlimited medical _benefits for tration is announcing that its plan for April 29, 1977 CONGRESSIONAL RECORD-HOUSE 12895 rebates on gasoline effi.cient automobiles I would hope that the public keeps exercise of religious beliefs and cultural will be retroactive to late April. It is un buying gasoline-efficient automobiles. expression; derstandable that the administration The potential car buyer should consider (2) the Congress supports SoLidarity Sun would make this announcement in order the certainty that gasoline prices are day In an effort to achieve this goal. to going up and buy a fuel efficient automo prevent a decline in new car sales COSPONSORS OF H. RES. 36 while the public waits for a rebate law to bile. He should not rely or count on the 1. Joseph P. Addabbo. be passed. rather complicated and questionable re 2. Jerome A. Ambro. But there are serious problems with bate being proposed by the administra 3. Glenn Anderson. the rebate idea. I do not think that the tion. 4. B111 Archer. administration should be promising any 5. Alvin Baldus. rebates at this time nor should the pub SOLIDARITY SUNDAY 6. Mario Blaggi. lic be counting on such a bonus. 7. Jonathan Binghlam. As a member of the tax-writing Ways The SPEAKER pro tempore. Under a 8. WHliam M. Brodhead. previous order of the House, the gentle 9. Ph1llip Burton. and Means Committee, I am deeply con 10. Shirley Chisholm. cerned about the cost of the proposal. I man from New York Don Edwards. dent's program, and if there is a tax on day, people of all faiths will participate 19. Joshua Ellberg. inefficient gas guzzlers, then there in marches in several major cities across 20. Don Fraser. should be no need to give rebates. The the country to protest the Soviet Union's 21. Benjamin A. G1.1J:na.n. way the tax-and-rebate schedule is set, policy of restricting emigration of Jews 22. Albert Gore. there will be billions more paid out in re to Israel and of harassing those Jews who 23. Bill Gradison. bates than collected in taxes on gas attempt to do so. I, along with many of 24. Herbert E. Harris II In 25. Elizabeth Holtzman. guzzlers. view of the size of our Na my colleagues will be taking part in this 26. James J. Howard. tion's deficits and the many other press demonstration of solidarity and support 27. HEmry J. Hyde. ing needs of our society, why provide re for the 3 million Jews in the Soviet 28. Peter H. Kostmayer. bates? Rebates for car purchasers are Union. 29. Jack F. Kemp. also unfair to those who rely on public This day is a chance for all of us to 30. Robert J. Lagomarsino. transportation, bicycle, or walk to work. voice our outrage at the failure of the 31. John J. LaFalce. 32. Norman F. Lent. As U.S.S.R. to honor its commitments to the chairman of the Ways and Means 33. Elliott Levitas. Trade Subcommittee, I am especially principles of the Helsinki accord which 34. Clarence Long. concerned about the international trade it signed. We cannot stand by silently 35. Edward J. Markey. consequences of the rebate scheme. I do while such repression and anti-Semitism 36. Matthew F. :McHugh. not believe that we can succeed in ap is being carried out. The United States 37. Abner J. Mikva.. plying the refund to only American has an equal commitment, along with the 38. Norman Mineta. made cars. There are constitutional ques other signers of the Helsinki accord, to 39. Joe Moakley. insure that the principles of the docu 40. Anthony Toby Moffett. tions as well as likely violations of Amer 41. Austin Murphy. ica's international trade agreements, ment are carried out to their fullest. 42. Robert C. Nix. particularly the general agreement on President Carter has denounced the So 43. Henry J. Nowak. tariffs a.nd trade-GATT. viet Union for its consistent violation of 44. Richard Ottinger. The detailed factsheet provided by the basic human rights. He serves as a sym 45. Jerry M. Patterson. White House on the President's plan bol of America's concern for those who 46. Claude Pepper. states that- are oppressed. I am hopeful that through 47. Charles Rangel. Rebates would be available for vehicles his work and through demonstrations 48. Frederick W. Richmond. manufactured in other countriec; on the such as "Solidarity Sunday," we may 49. Matt Rinaldo. basis of treaties or executive agreements en 50. Ben 1aan1n Rosenthal. arouse international opinion against the 51. James Scheuer. tered into between these countries and the horrors being committed by the Soviet United States. The President's Special Rep 52. Paul Simon. resentative for Trade Negotiations will work Union. 53. Richard A. Tonry. with other nations to develop equitable re Along with 62 cosponsors in the House, 54. Paul S. Trible, Jr. bate agreements. I have introduced House Resolution 36, a 55. Paul E. Tsongas. resolution calling for congressional sup 56. Bruce F. Vento. These "treaties" will not be easy to port of "Solidarity Sunday." We must do 57. Henry A. Waxman. achieve. To the extent that we ask for our part so that one day the Jews and all 58. Ted Weiss. eigners to restrict their imports of autos other peoples of every religion, culture, 59. Charles Wilson. to this country, they will demand a quid 60. John W. Wydler. and ethnicity in the Soviet Union will be 61. Lester Wolff. pro quo in other areas. Whether such free. A copy of the bill and a list of co 62. Leo Zeferetti. agreements would be approved by the sponsors follow: Congress or accepted by foreign nations H. RES. 36 is a gamble. Whereas May 1, 1977, has been designated A TRffiUTE TO JOHN W. McCOR On the other hand, a rebate applying as "Solidarity Sunda.y" by the Greater New MACK, FORMER SPEAKER OF THE to both foreign and domestic automobiles York Conference on Soviet Jewry; HOUSE OF REPRESENTATIVES would result in a surge of imports which Whereas New Yorkers of all faiths will join are substantially competitive on energy in a. gilant march on that day to express their The SPEAKER pro tempore. Under a conservation. Foreign auto imports sol1darity with the three million Jews in the previous order of the House, the gentle presently constitute 14 percent of the Soviet Union; man from Massachusetts New York City HUinan Rights Commis create the greatest rush to abandon, the city owner with no losses subsidizes the owner sion, in a report based on hearings held last who does suffer loss. The question is who has ever seen." November, recommended that FAIR plan Jeannette Bowen, a 40-year-old widow with subsidizes whom and for how much? rates "be based on rates established by the Proponents of self-rating say that the sub three children, cannot afford to insure the Insurance Services Office," which sets rates two frame buildings she owns in the North sidization of others' losses should occur only for the private market. within similar classes of property-what the side section of Brooklyn. Her insurance com The New York FAIR plan, known formally pany dropped her policy five years ago be industry calls "homogeneous risk classes." as the New York Property Insurance Under In other words, "good" risks should not cause she lives in a high-risk neighborhood. writing Association, was established in 1968 Mrs. Bowen left the FAIR plan last Novem to provide insurance on property not covered subsidize "bad" risks. ber because the rates were beyond her means. in the voluntary market. In response to prob A recent in-house study by FAIR, how Her average annual premium of about $60 lems brought to light by the urban riots of ever, casts doubt on the homogeneity of for the two buildings rose to $583· a year un 1967 and 1968, former President Lyndon B. the plan's risk groupings. The study dis der FAIR. Johnson establiShed the National Advisory closed that 33 percent of the bad risks "I have never tnade a claim in 19 years," Panel on Insurance in Riot-Affected Areas, "produced 70 percent of all loss dollars and Mrs. Bowen said last week, sitting in the din headed by then-Gov. Richard J. Hughes of about 60 percent of the loss incidents." This ing room of her basement a.partment in one New Jersey. means that many property owners are forced of the buildings. "I never ha.d even the The Hughes panel found serious problems into FAIR for reasons beyond their control, slightest accidental kitchen fire. But I can't of insurance availab111ty and cost in urban pushing "good" risks into the "bad" FAIR afford to pay a premium that is nine times areas. A survey of six major cities showed pool. Mr. Hunter pointed out that this could what I used to pay." that 41 percent of businesses and institutions happen to someone "because his agent has These two property owners share a problem and 29 percent of dwellings in poverty areas been canceled or because he simply lives common to 77,000 other New Yorkers had insurance problems. in the "wrong" part of town." throughout the state. If they want property The Hughes panel recommended the es 'Tihe high FAIR plan rates become, accord insurance, they must get it from the FAIR tablishment of state-by-state insurance pools ing to Mr. Hunter, "a symbol of red-lining." plan. established seven years ago to provide to which companies contributed a.ccording Redlining occurs when companies refuse to insurance for property owners shunned by to their share of the property insurance busi write insurance in a particular area. Accord the private tnarket. ness in the state. To induce private com ing to the Princeton professors Chester Rap FAIR-plan policy holders pay rates that panies to take part, tlhe Federal Government kin, a former member of the City Planning are astronomically higher than standard in agreed to provide riot reinsurance on all Commission, and Michael Munson, in their recent study "The Social and Economic Con surance premlmns. Both in New York City rel~vant policies held by companies partici and statewide, FAIR rates currently average pating in the FAIR plan. This meant that the sequences of Fire," insurance redlining often more than 250 percent of nortnal rates. Federal Insurance Administration would in accompanies or precedes the decline of an Dwelling rates are nearly four times the sure the insurance companies against riot area. As the Hughes panel put it, "Commu dwelling rates in standard plans. For the losses. nities without insurance are communities owner of a $25,000 home in Queens, this In developing its recommendations, the without hope." translates into a yearly premium of about Hughes panel stated a clear intent to main Even with self-rating and rising premiums, $385 for average homeowners coverage, com tain the parity of FAIR plan and voluntary the New York FAIR plan has been losing pared to a nortnal rate of around $100 a. year. rates. "Insofar as possible," the panel said, money. Rapidly rising rates have not been Now, high FAIR-plan rates, set by a method "the level of rates generally applictmle in a sufficient to offset revenue lost through de largely unknown to the public, are beginning state also Bipply to properties insured under population. By the end of 1976 the plan to stir controversy. New Yol'lk's FAIR plan FAIR plans." ha.d a deficit of $42.8 million. is a self-rating system, which means that On the basis of the recommendation of the Proponents of self-rating conclude from premiums are based only on the loss experi Hughes panel, Congress passed the Urban these figures that rates are not high enough. ence of the FAIR plan itself, not on the per Property Protection and Reinsurance Act of They argue that rates should cover the deficit. formance of the entire insurance industry. 1968, calling for insurance to be avail81ble to Mr. Hunter, on the other hand, views FAIR Private-company rates are based on the loss property owners at reasonable cost." losses in the larger context of the entire experience for all insured properties through In its first two years of operation, the New New York insurance industry. In Congres out the state. York FAIR plan lost money. But by 1971, sional testimony earlier this year, he said The rating method of the New York FAIR when it wrote its high of $66 million in pre that Federal calculations had established plan stands in sharp contrast to the 25 other miums, it turned a profit. About that time, that from a profit point of view the prop- 12900 CONGRESSIONAL RECORD-HOUSE April 2'9, 1977 erty insurance business had fared better over Action must be taken soon or it may be Mrs. SCHROEDER. all in FAIR plan states than in states with too late. Mrs. BOGGS. out FAIR plans. Mr. PHILLIP BURTON. Where the debate goes from here is not clear. Because self-rating is written into state LEAVE OF ABSENCE Ms. JoRDAN. law, any changes must be legislated. And Mr. BAUCUS. while FAIR-plan rates are currently not a By Mr. ASHLEY: By Mr. KOCH (for himself, Mr. KEMP, MEMORIALS H . Res. 531. Resolution to provide for the Mr. LAGOMARSINO, Mr. LEVITAS, Mr. expenses of investigations, and studies to be LONG of Maryland, Mr. MARKEY, Mr. U nder clause 4 of rule XXII, memorials conducted by the ad hoc Committee on En- MIK VA, Mr. MINETA, Mr. MOAKLEY, were presented and referred as follows: ergy; to the Committee on H ouse Adminis- Mr. MoFFETT, Mr. MURPHY of Penn- 113. B y the SPEAKER: M emorial of the tration. sylvania, Mr. Nix, and Mr. Now/K) : Legislature of the State of Tennessee, rela- tive to section 14(b) of the Taft-Hartley Act; B y M r. KOCH (for himself, M r. AD- H. Res. 533. Resolution expressing support to the Committee on Education and Labor. DABBO, Mr. AMBRO, Mr. ANDERSON Of for Solidarity Sunday; to the Committee on 114. Also, memorial of the Legislature of California, M r. ARCHER, Mr. BALDUS, Post Office and Civil Service. Mr. BEILENSON, Mr. BRODH EAD, Mr. the State of H awaii, relative to continuing PHILLIP BURTON, Mr. CEDERBERG, Mr. B y M r. KOCH (for himself, M r. PAT- F ederal subsidies for American cruise ship C ORMAN, Mr. C OUGH LIN, Mr. DODD, TERSON Of California, Mr. PEPPER, Mr. fleets; to the Committee on M erchant M arine Mr. DOWNEY, Mr. DRINAN, Mr. ED- R IC H M O N D , M r . R IN A L D O , M r . and F isheries. WARDS of California, Mr. EILBERG, Mr. SCHEUER, Mr. SIMON, Mr. TONRY, Mr. FRASER, Mr. GILMAN, Mr. GORE, Mr. TREBLE, Mr. TSONGAS, Mr. VENTO, Mr. GRADISON, Mr. HARRIS, Mr. HOWARD, WAXMAN, Mr. WEISS, Mr. C H ARLES PRIVATE BILLS AND RESOLU TIONS Mr. HYDE, and M r. KOSTMAYER) : WILSON of Texas, and M r. WYDLER) : U nder clause 1 of rule XXII, H. Res. 532. Resolution expressing support H. Res. 534. Resolution expressing support M r. CONTE introduced a bill (H.R. 6801) for Solidarity Sunday; to the Committee on for Solidarity Sunday; to the Committee on for the relief of H ye Jin Wilder, which was Post Office and Civil Service. Post Office and Civil Service. referred to the Committee on the Judiciary. SENATE—Friday, April 29, 1977
(Legislative day of Thursday, April 28, 1977) The Senate met at 8:45 a.m., on the Mr. ROBERT C. BYRD thereupon took The nominations considered and con- expiration of the recess, and was called the chair as Acting President pro tem- firmed en bloc are as follows: to order by Hon. ROBERT C. BYRD, a Sena- pore. DEPARTMENT OF STATE tor from the State of West Virginia. Philip H enry Alston, Jr., of Georgia, to be Ambassador Extraordinary and Plenipoten- THE JOU RNAL tiary of the U nited States of America to PRAYER M r. BAKER. M r. President, with the Australia. permission of the distinguished occupant Anne Cox Chambers, of Georgia, to be The Chaplain, the Reverend Edward Ambassador Extraordinary and Plenipoten- L. R. Elson, offered the following of the chair, I ask unanimous consent tiary of the U nited States of America to Bel- prayer: that the Journal of the proceedings of gium. Thursday, April 28, 19 7 7 , be approved. Kingman Brewster. Jr., of Connecticut, to Where two or three are gathered to- The ACTING PRESIDENT pro tem- be Ambassador Extraordinary and Plenipo- g eth er in my na me, th er e a m I in th e pore (Mr. METCALF ). Without objection, tentiary of the U nited States of America to midst of them.—Matthew 18: 20. it is so ordered. the U nited Kingdom of Great B ritain and Let us pray: Northern Ireland. Eternal F ather, we thank Thee for the U.S. AIR FORCE promise that whether we be few or many EXECU TIVE SESSION The following officer to be placed on the Thou art always with us and will never retired list in the grade indicated: Mr. ROBERT C. BYRD. Mr. President, Lt. Gen. Warren D. Johnson, xxx-xx-xxxx leave us or forsake us. Hear us as we pray there are various nominations on the F R (major general, Regular Air F orce), U .S. throughout the day : Executive Calendar, all of which are Air F orce lieutenant general. cleared with the exception of the follow- The following officer to be placed on the "0 M aster, let me walk with Thee retired list in the grade indicated: In lowly paths of service free; ing: Calendar Order No. 17 8 at the top Lt. Gen. Ray B . Sitton, xxx-xx-xxxx F R Tell me Thy secret; help me bear of page 5 and Calendar Order No. 180 (major general, Regular Air F orce), U .S. Air The strain of toil, the fret of care. also on page 5. F orce lieutenant general. "Teach me Thy patience; still with Thee Is that correct? Is that what the dis- The following officers to be placed on the In closer, dearer company, tinguished minority leader has? retired list in the grade indicated: Mr. BAKER. Mr. President, that does Lt. Gen. James M . Keck, xxx-xx-xxxx F R In w ork that k eeps faith sw eet and (major general, Regular Air F orce), U .S. Air strong, agree with my calendar. We have no objection to the confirma- F orce lieutenant general. In trust that triumphs over w rong; Lt. Gen. Joseph G. Wilson, xxx-xx-xxxx F R tion of all of the items on the Executive (major general, Regular Air F orce), U .S. Air "In hope that sends a shining ray Calendar with the exception of the two F ar down the future's broadening way; F orce lieutenant general. correctly noted by the majority leader. In peace that only Thou canst give, Lt. Gen. Maurice F . Casey, xxx-xx-xxxx F R Mr. ROBERT C. BYRD. Mr. President, (brigadier general, Regular Air F orce), U .S. With Thee, 0 M aster, let me live." with the exception of those two, I ask Air F orce lieutenant general. —WASHINGTON GLADDEN, 1879. unanimous consent that the Senate go The following officer to be placed on the into executive session to consider the retired list in the grade indicated: Gen. Russell E. Dougherty, xxx-xx-xxxx F R nominations on the Executive Calendar. (major general, Regular Air F orce), U .S. Air APPOINTM ENT OF ACTING PRESI- There being no objection, the Senate DENT PRO TEMPORE F orce general. proceeded to the consideration of exec- The following officers to be assigned to a The PRESIDING 010110 .CER. The clerk utive business. position of importance and responsibility will please read a communication to the The ACTING PRESIDENT pro tem- designated by the President under subsec- Senate from the President pro tempore pore. The nominations will be stated. tion (a) of section 8066, in grade as follows: The assistant legislative clerk pro- Lt. Gen. Lew Allen, Jr., xxx-xx-xxxx F R (Mr. EASTLAND) . (major general, Regular Air F orce), U .S. Air The legislative clerk read the follow- ceeded to read nominations on the Exec- F orce general. utive Calendar. ing letter: Lt. Gen. James R. Allen, xxx-xx-xxxx F R U.S. SENATE, Mr. ROBERT C. BYRD. Mr. President, (major general, Regular Air F orce), U .S. Air PRESIDENT PRO TEMPORE, I ask unanimous consent that, with the F orce general. Washington, D.C., April 29, 1977. exception of Calendar Orders numbered The following officer to be placed on the To the Senate: 17 8 and 180, all nominations on the Exec- retired list in the grade indicated: B eing temporarily absent from the Senate utive Calendar be considered and con- Gen. Louis T. Seith, xxx-xx-xxxx Lilt (major on official duties, I appoint H on. ROBERT C. firmed en bloc. general, Regular Air F orce) , U .S. Air F orce BYRD, a Senator from the State of West Vir- general. ginia, to perform the duties of the Chair dur- The ACTING PRESIDENT pro tern- The following officer to be assigned to a ing my absence. pore. Without objection, all nominations position of importance and responsibility JAMES 0. EASTLAND, are considered en bloc and confirmed en designated by the President under subsec- President pro tern pore. bloc. tion (a) of section 8066, in grade as follows: C XXIII-812—P art 11
