October 14, 1978 CONGRESSIONAL RECORD - HOUSE

On November 1, 1978:

H.R. 15. An act to extend and amend expiring elementary and secondary education

programs, and for other purposes;

H.R. 8389. An act authorizing the President of the United States to present a gold

medal to the widow of Robert F. Kennedy;

H.R. 11002. An act to provide for the resolution of claims and disputes relating to Government contracts awarded by executive agencies; and

H.R. 11209. An act to provide for the establishment, ownership, operation, and governmental oversight and regulation of international maritime satellite telecommunications services.

On November 2, 1978:

H.R. 1422. An act for the relief of Julio Ortiz-Medina;

H.R. 1748. An act for the relief of Carmela

Scudieri;

H.R. 1775. An act for the relief of Karin

Ehard;

H.R. 1787. An act for the relief of Paz A.

Norona;

H.R. 2291. An act for the relief of Carmen

Cecelia Blanquicett;

H.R. 3185. An act to amend the aat com- monly known as the Miller Act to raise the

dollar amount of contracts to which such

act applies from $2,000 to $25,000;

H.R. 3307. An act for the relief of Anthony

Casamento;

H.R. 4319. An act to amend subchapter III

of chapter 83 of title 5, United States Code, to provide that employees who retire after

5 years of service, in certain instances, may

be eligible to retain their life and health insurance benefits, and for other purposes;

H.R. 7577. An act to amend the Economic

Opportunity Act of 1964, and for other purposes;

H.R. 7795. An act for the relief of Veronica

Judith Hudson;

H.R. 8192. An act for the relief of Andr6e

Marie Helene McGlin;

H.R. 8751. An act for the relief of Francesco Gluttari;

H.R. 10342. An act to provide for recalculation of the retired pay of individuals who

served as sergeant major of the Marine Corps

before December 16, 1967;

H.R. 11003. An act to clarify the authority

for employment of personnel In the White

House Office and the Executive Residence at

the White House, to clarify the authority

for employment of personnel by the President to meet unanticipated needs, and for

other purposes;

H.R. 12140. An act to amend the Federal

Water Pollution Control Act to provide additional authorizations for certain operating

programs under the act;

H.R. 12393. An act to provide for nationwide service of subpenas in all suits involving the False Claims Act, and for other purposes;

H.R. 12605. An act to amend the Communications Act of 1934- to extend and Improve

the provisions of such act relating to longterm financing for the Corporation for Public Broadcasting and relating to certain

grant programs for public telecommunications, and for other purposes;

H.R. 13597. An act to authorize the Archi- tect of the Capitol to Install solar collectors

for furnishing a portion of the energy needs

of the Rayburn House Office Building and

House Office Building Annex No. 2, and for

other purposes;

H.R. 14145. An act to amend title 28 of

the United States Code to make certain

changes in the divisions within judicial districts and In the places of holding court,

and to require the Director of the Administrative Office of the United States Courts to conduct a study of the judicial business

of the central district of California and the

eastern district of New York; and

Hi 14224. An act to authorize and direct

the Secretary of the Interior to acquire certain lands for the benefit of the Mille Lacs

Band of the Minnesota Chippewa Indians.

On November 3, 1978:

H.R. 4533. An act for the relief of Gary

Daves and Marc Cayer;

H.R. 7101. An act to amend certain provisions of law relating to land claims by the

United States in Riverside County, Calif.,

based upon the accretion or avulsion, and

for other purposes; and

H.R. 7971. An act to valldate certain land

conveyances, and for other purposes.

On November 4, 1978:

H.R. 5646. An act to amend the Regional

Rail Reorganization Act of 1973 to require

ConRail to make premium payments under

certain medical and life insurance policies,

to provide that ConRail shall be entitled to

a loan under section 211(h) of such act in

an amount required for such premium payments, and to provide that such premium

payments shall be deemed to be expenses of

administration of the respective railroads in

reorganization;

H.R. 9701. An act to amend the Budget and

Accounting Procedures Act of 1950 to require

that the Comptroller General provide for a

financial audit with respect to pension plans

for officers and employees of the Federal

Government and its agencies and instrumentalities, to require that an annual re- port, including a financial statement and an

actuarial statement, be furnished to the

Congress and the Comptroller General with

respect to such plans, and for other purposes;

H.R. 10173. An act to amend title 38, United

States Code, to provide improvements in the

pension program for certain veterans of a

period of war with non-service-connected

disabilities, for. certain surviving spouses of

veterans of a period of war, and for certain

surviving children of veterans of a period of

war, to increase the rates of dependency and

indemnity compensation for surviving parents of certain veterans, to provide for automatlc annual cost-of-living adjustments in

the rates of pension and in the rates of parents dependency and indemnity compensation, to prevent reductions in and terminations of pension and terminations of parents' dependency and indemnity compensation solely attributable to cost-of-living increases in social security benefits, and for

other purposes;

H.R. 12874. An act to provide for an accelerated program of reserach, development,

and demonstration of solar photovoltaic energy technologies leading to early competitive commercial applicability of such technologies to be carried out by the Department

of Energy, with the support of the National

Aeronautics and Space Administration, the

National Bureau of Standards, the General

Services Administration, and other Federal

agencies;

H.R. 13500. An act to amend title 44 to insure the preservation of and public access

to the official records of the President, and

for other purposes;

H.R. 13903. An act to amend title 10,

United States Code, to provide that a member of the Board of Regents of the Uniformed Services University of the Health

Sciences whose term of office has expired

shall continue to serve until a successor is

appointed; and

H.J. Res. 1173. Joint resolution relative to

the convening of the 1st session of the 96th

Congress, and for other purposes.

On November 6, 1978:

H.R. 8200. An act to establish a uniform

law on the subject of bankruptcies;

H.R. 11733. An act to authorize appropriations for the construction of certain highways In accordance with title 23 of the

United States Code, for highway safety, for mass transportation in urban and in rural areas, and for other purposes;

H.R. 12467. An act to amend the Rehabilitation Act of 1973 to extend certain programs

established in such act, to establish a community service employment program for

handicapped Individuals, and to provide

comprehensive services for independent living

for handicapped individuals, to amend the

Developmental Disabilities Services and Facilities Construction Act to revise and extend

the programs under that act, and for other

purposes; and

H.R. 13511. An act to amend the Internal

Revenue Code of 1954 to reduce income taxes,

and for other purposes.

On November 8, 1978:

H.R. 2329. An act to improve the administration of fish and wildlife programs, and for

other purposes;

H.R. 9251. An act to change the tax treatment of income earned abroad by U.S. citizens and residents, and for other purposes;

H.R. 10898. An act to amend the Regional

Rail Reorganization Act of 1973 to authorize

appropriations for the United States Railway

Association for fiscal year 1979; and

H.R. 13650. An act to authorize the Secretary of Energy 'to enter into cooperative

agreements with certain States respecting

residual radioactive material at existing sites,

to provide for the regulation of uranium mill

tailings under the Atomic Energy Act of 1954,

and for other purposes.

On November 9, 1978:

H.R. 4018. An act to suspend until the close

of June 30, 1980, the duty on certain doxorubicin hydrochloride antibiotics;

H.R. 5037. An act for the relief of Jack R.

Misner;

H.R. 5146. An act to amend the Tariff

Schedules of the United States to provide

for the duty-free entry of competition bobsleda an. luges;

H.R. 5263. An act to provide tax incentives

for the production and conservation of

energy, and for other purposes; and

H.R. 5289. An act for the relief of Joe

Cortina of Tampa, Fla.

On November 10, 1978:

H.R. 7320. An act to revise miscellaneous

timing requirements of the revenue laws, and

for other purposes; and

H.R. 14279. An act to extend the authority

for the flexible regulation of interest rates on

deposits and accounts In depository institutions.

BILLS DISAPPROVED AFTER SINE

DIE ADJOURNMENT

The President announced his disapproval of the following bills with memorandums of disapproval as follows:

H.R. 11445

MEMORANDUM OF DISAPPROVAL

I am withholding my approval of H.R.

11445, omnibus amendments to the Small

Business Act and the Small Business Investment Act. Because I recognize very

personally the needs of the small business community and the dedication of

Congressman NEAL SMITH and Senator

GAYLORD NELSON, chairmen of the respective House and Senate Small Business Committees. in developing this legislation, it is with great regret that I

must take this action.

Having spent most of my adult life as

a small businessman, I share with the

Congress a strong commitment to the

small business people of our country and

I recognize the need for greater attention

to small business needs by the Federal

Government. Since I took office we have

reduced the burden of Federal regulations on small business, proposed significant tax reductions, and increased lending under the guaranteed loan program

38783
CONGRESSIONAL RECORD - HOUSE October 14, 1978

by 40 percent. In May of this year I

signed an Executive order calling for a

White House Conference on Small Busi- ness to be held in January 1980. This

Conference will involve over 25,000 small

business people throughout the country helping us to develop a small business

policy for this country. I intend to work

with the Congress and particularly with

Chairmen SMITH and NELSON to develop

and implement such a policy.

This legislation does have beneficial

features. However, it is precisely because

of my commitment to small business and an effective Small Business Administration, that I must withhold my approval from H.R. 11445. This bill, in its present

form, is not the best we can do for small

business in the United States and is Inconsistent with the tight budget situation we will face in the next few years. Disapproval of the bill would not interrupt

any existing SBA program since SBA

programs are already authorized for

fiscal year 1979, nor would it interfere

with administration plans regarding the

White House Conference on Small Business, since $4,000,000 has already been

appropriated for the Conference in fiscal

year 1979. This Conference is an important priority of mine and of my administration.

The bill authorizes over $2 billion In

expenditures in excess of our budget pro- jections through 1982. It continues a duplicative program of farm disaster

lending by the SBA with excessively deep

interest subsidies and terms which we believe to be wasteful. This has led to an unwarranted amount of farm disaster

lending which should be done by the

Farmers Home Administration. This Administration has proposed that farm

lending be consolidated in the Department of Agriculture which has the farm

credit expertise and extensive field network necessary to operate the program effectively and efficiently. The Congress

has failed to act on this recommendation.

Even more important is the effect this

bill would have on the operations of the

Small Business Administration. The bill

virtually mandates significant staff in- creases. It would also interfere with the

ability of the Administrator of the SBA,

my primary small business advisor and

representative, to effectively run that

agency. The legislation imposes specific

titles and responsibilities upon agency

officials and specifies funding and per- sonnel levels for activities throughout SBA down to the smallest detail. These

legislative strictures run counter to my efforts to better manage the Federal government.

The bill also distorts the role of SBA's

Chief Counsel for Advocacy. I supported

the establishment of this office as a means to insure that the views of small

business were adequately reflected in the

policy-making processes of the government. But the legislation tends to move the Chief Counsel for Advocacy into

policy and administrative areas more properly those of the Administrator of

the SBA. This bill also might begin to

isolate the Chief Counsel for Advocacy from the executive policy-making proc- ess by calling for an annual report to

Congress which could not be reviewed

or coordinated with any other agency

of the Executive Branch. Current statutes provide the Chief Counsel with suf-

-cient authorities to evaluate small busi- ness issues and serve as an ombudsman

to small business interests.

I am also concerned by the loan pooling provision in this bill that would au- thorize private dealers to issue a new class of 100 percent Federally guaran- teed securities which would compete directly with the Treasury and other Federally-backed securities in the bond

markets.

I look forward to working with the

Congress and the small business com- munity who worked on this bill to develop a program to meet the needs of small

business. It is my great hope that early in the next Congress an approach will be

fashioned to meet the needs of the small

business community, with the full involvement of my Administration.

JIMMY CARTER.

THE WHITE HOUSE, October 25, 1978.

H.R. 11092

MEMORANDUM OF DISPPROVAL

I am withholding my approval of H.R.

11092, the "Navajo and Hopi Relocation

Amendments of 1978." I have no objection to the authorization in this bill to

fund the important and difficult work being performed by the Relocation Commission to administer the partitioning

of land which has been jointly used by the Navajo and Hopi Tribes. My failure

to approve this bill will not affect the

ability of the Commission to continue its

work, because appropriations for this

fiscal year have already been approved.

My objections to the bill center on sec- tion 4, which would provide for a one- house veto of the relocation plan which

is finally adopted by the Relocation Commission. I have previously informed the

Congress of my view that such legislative veto devices are unconstitutional intrusions into the day-to-day administration of the law by the Executive Branch,

including independent agencies such as the Relocation Commission. Congress is

constitutionally empowered to overrule

agency decisions executing the law only

by enacting legislation subject to the

veto power of the President under Article

I, section 7 of the Constitution.

Where either Congress or the President is dissatisfied with the execution of

the law by an independent agency or commission, legislation agreeable to both or enacted over the President's veto is an appropriate and constitutional means for overturning the result reached by that independent agency. If the Constitution required less, there would In

fact be no true independence for agencies such as the Relocation Commission. This

principle was adhered to by the Ninetythird Congress when it enacted the

Navajo and Hopi Indian Relocation Commission Act in 1974 and is one from

which we should not depart.

The bill also contains a provision which

would oust incumbent members of the

Navajo and Hopi Indian Relocation Commission if they happened to be Federal,

State or local elected officials. This provision in section 2 has constitutional implications since it would allow for Congressional removal of officers in the Executive Branch. Further, as a matter of

fairness and equity, interruption of the

tenure of appointed officials by the imposition of new "qualifications" should

not be lightly undertaken. Accordingly,

I would suggest that the Ninety-sixth

Congress, in any consideration of a

similar bill, give due consideration to

these problems.

The Administration will work with the

Congress next year to develop any

needed legislation to improve the operations of the Relocation Commission. The

Commission needs to operate more effectively and I look forward to working

with Congressional leaders such as Senator DECONcINI and Congressman UDALL

toward this end.

JIMMY CARTER.

THE WHITE HOUSE, November 2, 1978.

H.R. 11861

MEMORANDUM OF DISAPPROVAL

I am withholding my signature from

H.R. 11861, which would require the Secretaries of Commerce and the Navy to

meet at least four times a year with representatives of the maritime industry

and to submit an annual report to the

President and Congress on their activities and recommendations.

Both the Maritime Administration of

the Commerce Department (MARAD)

and the Navy already have numerous

contacts with the maritime industry and

with each other to study, develop, and

implement the goals of the Merchant

Marine Act. Navy and MARAD are currently working to improve their cooperation in this area by adding the Secretaries of Commerce and Navy to an existing inter-agency advisory board on

maritime matters. They are also arranging to have the board meet at least four

times a year, and at least one of these

meetings will be open to maritime industry representatives.

In addition, In order to assure that the

concerns that generated this bill are fully

addressed, I am directing both Secretaries to consult regularly with maritime

industry officials to discuss issues of mutual concern.

In light of these actions, I see no reason for this legislation. It is not necessary to achieve our goal of an adequate

merchant marine. It would mandate a change in administrative functions

which are currently satisfactory. It is an undue legislative intrusion into administrative activities which are the appropriate responsibility of the Executive

Branch, and the required report would

be an additional and unnecessary government expense. For these reasons, I am

disapproving this bill.

JIMMY CARTER.

THE WHITE HOUSE, November 2, 1978.

H.R. 6536

MEMORANDUM OF DISAPPROVAL

I am withholding my approval from

H.R. 6536 which would make certain

changes in the retirement program for

police, firefighers, teachers, and judges

of the District of Columbia.

This action today in no way alters my

commitment to the basic principles of

fairness and self-determination which

must be the cornerstone of Federal-District relations. Included among our ac38784