October 14, 1978 CONGRESSIONAL RECORD - SENATE

relief In the event of a discharge or threatened

discharge of an employee by reason of such

employee's Federal Jury service.

S. 2079. An act for the relief of Lawrence

Youngman.

S. 2247. An act amending section 312 of the

Immigration and Nationality Act.

S. 2349. An act for the relief of Margaret

Perry.

S. 2820. An act to authorize the Secretary

of the Interior to construct, restore, operate,

and mainaln new or modified features at existing Federal reclamation dams for safety

of dams purposes.

S. 3081. An act to amend the Federal Railroads Safety Act of 1970 to authorize additional appropriations, and for other purposes.

S. 3371. An act to repeal certain provisions

of law establishing limits on the amount of

land certain religious corporations may hold

in any Territory of the United States.

On November 4, 1978:

S.J. Res. 160, Joint Resolution to initiate

preliminary studies for the restoration and

renovation of the Pension Building in Washington, District of Columbia, to house a

Museum of the Building Arts, and for other

purposes.

S. 703. An act to improve the administration and operation of the Overseas Citizens

Voting Rights Act of 1975, and for other

purposes.

S. 1816. An act to amend the Public Works

and Economic Development Act of 1965 to authorize a program of research, development, and demonstration of guayule rubber

production and manufacture as an economic

development opportunity for the Southwestern States.

On November 6, 1978:

S. 990. An act to amend title 5, United

States Code, to provide special allowances to certain physicians employed by the United

States in order to enhance the recruitment

and retention of such physicians.

S. 2584. An act to authorize appropriations

to the Nuclear Regulatory Commission for

fiscal year 1979, and for other purposes.

On November 8, 1978:

S. 274. An act to amend title 10, United

States Code, to prohibit union organization

of the armed forces, membership in military

labor organizations by members of the armed

forces, and recognition of military labor organizations by the Government, and for other

purposes.

S. 553. An act to amend the boundary of

the Cibola National Forest, designate an intended wilderness area, and for other purposes.

S. 1214. An act to establish standards for

the placement of Indian children in foster

or adoptive homes, to prevent the breakup

of Indian families, and for other purposes.

S. 2093. An act to provide that the Exchange Stabilization Fund shall not be available for payment of administrative expenses;

and for other purposes.

S. 2522. An act to extend the programs of

assistance under title X and part B of title

XI of the Public Health Service Act.

S. 2727. An act to promote and coordinate

amateur athletic activity in the United

States, to recognize certain rights for United

States amateur athletes, to provide for the

resolution of disputes involving national

governing bodies, and for other purposes.

S. 2774. An act to extend the boundaries

of the Tolyabe National Forest in Nevada,

and for other purposes.

S. 2981. An act to amend section 5 of the

Department of Transportation Act, relating

to rail service assistance, and for other purposes.

S. 3083. An act to extend provisions of the

Noise Control Act of 1972 for one year, and

for other purposes.

On November 9,1978:

S. 2450. An act to amend the Community

Mental Health Centers Act to revise and extend the programs under that Act, to amend

the Public Health Service Act to revise and

extend the programs of assistance for libraries of medicine, the programs of the National Heart, Lung, and Blood Institute, and

the program for National Research Service

Awards, to establish the President's Commission for the Study of Ethical Problems in

Medicine and Biomedical and Behavioral Research, and for other purposes.

S. 2466. An act to amend the Public Health

Service Act to revise and extend the authorities under that Act relating to health services

research and health statistics and to establish

a National Center for Health Care Technology, and for other purposes.

S. 3151. An act to authorize appropriations

for the purpose of carrying out the activities

of the Department of Justice for fiscal year

1979, and for other purposes.

On November 10, 1978:

S. 791. An act to authorize additional appropriations for the acquisition of lands and

interests in lands within the Sawtooth National Recreation Area in Idaho.

S. 1829. An act to amend the Pennsylvania

Avenue Development Corporation Act of

1972; to provide for the establishment of the

San Antonio Missions National Historical

Park; and for other purposes.

S. 2399. An act to amend the Comprehensive Drug Abuse Prevention and Control Act

of 1970 and other laws to meet obligations

under the Convention of Psychotropic Substances relating to regulatory controls on the

manufacture, distribution, importation, and

exportation of psychotropic substances, and

for other purposes.

S. 2474. An act to amend the Public Health

Services Act and related health laws to revise

and extend the programs of financial assistance for the delivery of health services, the

provision of preventive health services, and

for other purposes.

S. 2796. An act to amend the Consumer

Product Safety Act to extend the authorization of appropriations, and for other purposes.

S. 2899. An act to amend the Endangered

Species Act of 1973 to establish an Endangered Species Interagency Committee to review certain actions to determine whether

exemptions from certain requirements of that

Act should be granted for such actions.

S. 3805. An act to extend and amend the

special supplemental food program and the

child care food program, and for other

purposes.

MESSAGES FROM THE PRESIDENT

RECEIVED SUBSEQUENT TO SINE

DIE ADJOURNMENT

Pursuant to the permission granted on

October 14, 1978, the Secretary of the

Senate subsequent to adjournment sine

die received the following messages from

the President of the United States:

MEMORANDUM OF DISAPPROVAL

I am withholding my approval from S.

1104, a bill that would authorize the establishment of the Legionville National Historic

Site in the State of Pennsylvania. I am withholding my signature because I do not believe the Leglonville site is of sufficient

national significance to merit the cost of establishing and maintaining it as a national

historic site.

The site does not meet the national significance criteria for historical areas established by the Department of the Interior.

The Pennsylvania State Historic Preservation Office judged the site of only local significance. A National Park Service report

made in June 1977 agreed. Further, the site

has been altered by such modern intrusions

as a railroad and an interstate highway.

The career of General "Mad" Anthony

Wayne has been amply commemorated at

other designated sites and I do not believe

the added expense of acquiring and developing this site is a worthwhile expenditure of

Federal funds.

JIMMY CARTER.

THE WHITE HousE, November 2, 1978.

MEMORANDUM OF DISAPPROVAL

I am withholding my approval of S. 1503,

a bill which would authorize Government

indemnification, upon a judgment by the

U.S. Court of Claims, of businesses which

sustained losses as a result of the ban on the

use of the chemical Tris in children's sleepwear.

In 1971 and 1974 the Government established strict fabric flammability standards

on children's sleepwear to protect children

against burns. To meet these flammability

standards, the clothing industry treated fabric by using substantial quantities of the

flame-retardant chemical Tris. In 1975, information became available that Tris was a

carcinogenic risk to humans. Some firms

stopped using Tris after this test information

became available, but other firms did not.

On April 8, 1977, the Consumer Product

Safety Commission ruled that children's

sleepwear containing Tris was banned as a

"hazardous substance" under the Federal

Hazardous Substances Act. This led to the

removal of Tris-treated children's sleepwear

from the marketplace. Both the imposition of

flammability standards and the subsequent

ban on Tris-treated fabrics have caused dxpenditures and losses by industry.

The imposition of strict flammability

standards to protect the Nation's children

was fully justified. After it was discovered

that Tris was hazardous to health, the removal of Tris-treated sleepwear from the

marketplace, again to protect the Nation's

children, was also fully justified.

S. 1503 would establish an unprecedented

and unwise use of taxpayer's funds to indemnify private companies for losses incurred as a result of compliance with a federal standard. The Government could be

placed in the position in the future of having to pay industry each time new information arises which shows that a product used

to meet regulatory standards is hazardous.

This would be wrong. Producers and retailers

have a basic responsibility for insuring the

safety of the consumer goods they market.

If this bill became law the potential would

exist for compensation for firms who marketed Tris-treated material after they knew,

or should have known, that such products

constituted a hazard to the health of children. Extensive, costly, and time-consuming

litigation would be required to determine, in

each Instance, the liability involved and the

loss attributable to the ban action in April

1977, without regard to profits the claimants

may have earned on Tris-treated garments in

earlier years.-

While it is most regrettable that losses

have resulted from the regulatory actions

taken to protect the safety and health of the

Nation's children, no basis exists to require

a potential Federal expenditure of millions

of dollars when the actions of the Govern38087